Public Workshop Examining Contact Lens Marketplace and Analyzing Proposed Changes to the Contact Lens Rule, 57889-57891 [2017-26445]
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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
airports_airtraffic/air_traffic/
publications/airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined between
8:00 a.m. and 4:30 p.m., Monday
through Friday, except federal holidays
at the office of the Eastern Service
Center, Federal Aviation
Administration, Room 350, 1701
Columbia Avenue, College Park, Georgia
30337.
sradovich on DSK3GMQ082PROD with PROPOSALS
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11B, Airspace
Designations and Reporting Points,
dated August 3, 2017, and effective
September 15, 2017. FAA Order
7400.11B is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points
The Proposal
The FAA is considering an
amendment to title 14, Code of Federal
Regulations (14 CFR) part 71 to amend
Class E surface airspace and Class E
airspace extending upward from 700
feet above the surface at Massena
International-Richards Field Airport,
Massena, NY. The segment within 1.8
miles each side of the Massena
VORTAC 286° radial extending from the
4-mile radius to the VORTAC would be
removed in Class E surface airspace; and
the segment within 2.7 miles each side
of the Massena VORTAC 106° radial
extending from the 7.4-mile radius to 7
miles east of the VORTAC would be
removed in Class E airspace extending
upward from 700 feet above the surface,
due to the decommissioning of the
Massena VORTAC, and cancelation of
associated approaches. This action
would enhance the safety and
management of IFR operations at the
airport. The geographic coordinates of
the airport also would be adjusted to
coincide with the FAAs aeronautical
database.
Class E airspace designations are
published in Paragraphs 6002 and 6005
respectively, of FAA Order 7400.11B,
dated August 3, 2017, and effective
September 15, 2017, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal would be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, effective
September 15, 2017, is amended as
follows:
■
Paragraph 6002
Airspace.
Class E Surface Area
*
*
*
*
*
AEA NY E2 Massena, NY [Amended]
Massena International-Richards Field
Airport, NY
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
57889
(Lat. 44°56′11″ N., long. 74°50′42″ W.)
Within a 4-mile radius of the Massena
International-Richards Field Airport,
excluding the airspace within Canada.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AEA NY E5 Massena, NY [Amended]
Massena International-Richards Field
Airport, NY
(Lat. 44°56′11″ N., long. 74°50′42″ W.)
That airspace extending upward from 700
feet above the surface within a 7.4-mile
radius of Massena International-Richards
Field Airport, excluding the airspace within
Canada.
Issued in College Park, Georgia, on
November 29, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2017–26423 Filed 12–7–17; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 315
Public Workshop Examining Contact
Lens Marketplace and Analyzing
Proposed Changes to the Contact
Lens Rule
Federal Trade Commission.
Public workshop and request for
public comment.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is holding a public workshop relating to
its December 7, 2016 Notice of Proposed
Rulemaking (‘‘NPRM’’) announcing
proposed changes to the Contact Lens
Rule. The workshop will explore issues
relating to competition in the contact
lens marketplace, consumer access to
contact lenses, prescription release and
portability, and other issues raised in
comments received in response to the
NPRM.
SUMMARY:
The public workshop will be
held on March 7, 2018, from 9:00 a.m.
until 5:00 p.m., at the Constitution
Center Conference Center, located at 400
7th Street SW., Washington, DC.
Requests to participate as a panelist
must be received by January 5, 2018.
Any written comments related to the
agenda topics or the issues discussed by
the panelists at the workshop must be
received by April 6, 2018.
ADDRESSES: Interested parties may file a
comment or a request to participate as
a panelist online or on paper, by
following the instructions in the Filing
Comments and Requests to Participate
DATES:
E:\FR\FM\08DEP1.SGM
08DEP1
57890
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
as a Panelist part of the SUPPLEMENTARY
INFORMATION section below. Write
‘‘Contact Lens Rule, 16 CFR part 315,
Comment, Project No. R511995’’ on
your comment and ‘‘Contact Lens Rule,
16 CFR part 315, Request to Participate,
Project No. R511995’’ on your request to
participate as a panelist. File your
comment online at https://
ftcpublic.commentworks.com/ftc/
contactlensworkshop by following the
instructions on the web-based form. File
your request to participate as a panelist
by email to: contactlensworkshop2018@
ftc.gov. If you prefer to file your
comment or request to participate on
paper, mail your comment or request to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex F), or deliver your
comment or request to the following
address: Federal Trade Commission,
Office of the Secretary, Constitution
Center, 400 7th Street SW., 5th Floor,
Suite 5610 (Annex F), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Delaney, Attorney, 202–326–
2903, or Alysa Bernstein, Attorney, 202–
326–3289, Federal Trade Commission,
Division of Advertising Practices,
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
In 2003, Congress enacted the
Fairness to Contact Lens Consumers
Act.1 Pursuant to the Act, the
Commission promulgated the Contact
Lens Rule (‘‘Rule’’), which went into
effect on August 2, 2004.2 The Rule
promotes competition in retail sales of
contact lenses by facilitating consumers’
ability to comparison shop for contact
lenses. When a prescriber completes a
contact lens fitting, the Rule requires
that the prescriber provide the patient
with a copy of her prescription. The
Rule also requires that the prescriber
verify or provide such prescriptions to
authorized third parties, such as contact
lens sellers.
In addition, the Rule places certain
requirements on sellers. It mandates that
sellers dispense contact lenses only in
accordance with a valid prescription
that is either presented to the seller or
verified by direct communication with
the prescriber.3 Sellers may not alter a
prescription, but for private label
contact lenses, may substitute identical
contact lenses that the same company
1 15
U.S.C. 7601–7610 (Pub. L. 108–164).
Lens Rule, 16 CFR 315.
3 16 CFR 315.5(a).
2 Contact
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
manufactures and sells under a different
name.4
As part of its ongoing regulatory
review program, the Commission
published a Request for Comment in
September 2015 seeking comment on:
The economic impact of, and the
continuing need for, the Rule; the
benefits of the Rule to consumers; the
burdens the Rule places on entities
subject to its requirements; the impact
the Rule has had on the flow of
information to consumers; the degree of
industry compliance with the Rule; the
need for any modifications to increase
its benefits or reduce its burdens or to
account for changes in relevant
technology; and any overlap or conflict
with the Rule and other federal, state, or
local laws or regulations.5 The comment
period closed on October 26, 2015, and
the Commission received 660
comments.6 Virtually all commenters
agreed that there is a continuing need
for the Rule and that it benefits
consumers and competition. The
majority of commenters recommended
some modifications to the Rule in order
to maximize the benefits to consumers
and competition, decrease the burden
on businesses, protect consumers’ eye
health, or improve overall compliance
with the Rule’s existing requirements.
After reviewing the comments, the
Commission published a Notice of
Proposed Rulemaking (‘‘NPRM’’)
proposing to amend the Rule to require
that prescribers obtain a signed
acknowledgment after releasing a
contact lens prescription to a patient,
and maintain each such
acknowledgment for a period of not less
than three years.7 The Commission also
proposed to strike the words ‘‘private
label’’ from Section 315.5(e) of the Rule
to conform the language of the Rule to
that of the Act. The Commission sought
public comment on these proposed
amendments as well as several other
issues, including: The use of patient
portals to provide prescriptions; the
provision of additional copies of a
prescription to a patient; the amount of
time required for a prescriber to respond
to a request for a copy of a prescription;
and additional information on possible
modifications to the Rule that could
address issues raised about automated
telephone calls. The Commission
4 16
CFR 315.5(e).
Lens Rule, Request for Comment, 80 FR
53272 (Sept. 3, 2015).
6 The comments are posted at: https://
www.ftc.gov/policy/public-comments/initiative-621.
7 Contact Lens Rule, Notice of Proposed
Rulemaking, Request for Comment, 81 FR 88526
(Dec. 7, 2016).
5 Contact
PO 00000
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Fmt 4702
Sfmt 4702
received over 4,100 comments in
response.8
II. Issues for Discussion at the
Workshop
As part of the Contact Lens Rule
rulemaking, the FTC is hosting a public
workshop to explore issues relating to
competition in the contact lens
marketplace, consumer access to contact
lenses, prescription release and
portability, and other issues raised in
comments to the NPRM. The workshop
will cover topics including: (1)
Consumers’ ability to comparison shop
for contact lenses; (2) the use of
electronic health records, patient
portals, and other technology to
improve prescription portability; (3) the
interaction between the Contact Lens
Rule and emerging telehealth business
models; (4) the potential for new
technology to improve the prescription
verification process; and (5)
modifications to the Contact Lens Rule
to foster competition and maximize
consumer benefits, including benefits to
eye health.
A more detailed agenda will be
published at a later date, in advance of
the scheduled workshop.
III. Public Participation Information
A. Workshop Attendance
The workshop is free and open to the
public, and will be held at the
Constitution Center, 400 7th Street SW.,
Washington, DC. It will be webcast live
on the FTC’s Web site. For admittance
to the Constitution Center, all attendees
must show valid government-issued
photo identification, such as a driver’s
license. Please arrive early enough to
allow adequate time for this process.
This event may be photographed,
videotaped, webcast, or otherwise
recorded. By participating in this event,
you are agreeing that your image—and
anything you say or submit—may be
posted indefinitely at www.ftc.gov or on
one of the Commission’s publicly
available social media sites.
B. Requests To Participate as a Panelist
The workshop will be organized into
panels, which will address the
designated topics. Panelists will be
selected by FTC staff. Other attendees
will have an opportunity to comment
and ask questions. The Commission will
place a transcript of the proceeding on
the public record. Requests to
participate as a panelist must be
received on or before January 5, 2018, as
explained in Section IV below. Persons
8 The comments are posted at: https://
www.ftc.gov/policy/public-comments/2016/10/
initiative-677.
E:\FR\FM\08DEP1.SGM
08DEP1
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
selected as panelists will be notified on
or before January 19, 2018.
Disclosing funding sources promotes
transparency, ensures objectivity, and
maintains the public’s trust. If chosen,
prospective panelists will be required to
disclose the source of any support they
received in connection with
participation at the workshop. This
information will be included in the
published panelist bios as part of the
workshop record.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. Electronic and Paper Comments
The submission of comments is not
required for participation in the
workshop. If a person wishes to submit
paper or electronic comments related to
the agenda topics or the issues
discussed by the panelists at the
workshop, such comments should be
filed as prescribed in Section IV, and
must be received on or before April 6,
2018.
IV. Filing Comments and Requests To
Participate as a Panelist
You can file a comment, or request to
participate as a panelist, online or on
paper. For the Commission to consider
your comment, we must receive it on or
before April 6, 2018. For the
Commission to consider your request to
participate as panelist, we must receive
it by January 5, 2018. Write ‘‘Contact
Lens Rule, 16 CFR part 315, Comment,
Project No. R511995’’ on your comment
and ‘‘Contact Lens Rule, 16 CFR part
315, Request to Participate, Project No.
R511995’’ on your request to participate.
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
https://www.ftc.gov/os/public
comments.shtm.
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, or to send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
contactlensworkshop, by following the
instructions on the web based form.
When this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
Because your comment will be placed
on the publicly accessible FTC Web site
at https://www.ftc.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
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). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the public FTC Web
site—as legally required by FTC Rule
4.9(b)—we cannot redact or remove
your comment from the FTC Web site,
unless you submit a confidentiality
request that meets the requirements for
such treatment under FTC Rule 4.9(c),
and the General Counsel grants that
request.
Requests to participate as a panelist at
the workshop should be submitted
electronically to
contactlensworkshop2018@ftc.gov, or, if
mailed, should be submitted in the
manner detailed below. Parties are
asked to include in their requests a brief
statement setting forth their expertise in
or knowledge of the issues on which the
workshop will focus as well as their
contact information, including a
telephone number and email address (if
available), to enable the FTC to notify
them if they are selected.
If you file your comment or request on
paper, write ‘‘Contact Lens Rule, 16 CFR
part 315, Comment, Project No.
R511995’’ on your comment and on the
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
57891
envelope and ‘‘Contact Lens Rule, 16
CFR part 315, Request to Participate,
Project No. R511995,’’ on your request
and on the envelope, and mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex F),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex F). If possible, submit your
paper comment or request to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://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 April 6, 2018. The Commission
will consider all timely requests to
participate as a panelist in the workshop
that it receives by January 5, 2018. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
V. Communications by Outside Parties
to Commissioners or Their Advisors
Written communications and
summaries or transcripts of oral
communications respecting the merits
of this proceeding, from any outside
party to any Commissioner or
Commissioner’s advisor will be placed
on the public record. See 16 CFR
1.26(b)(5).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017–26445 Filed 12–7–17; 8:45 am]
BILLING CODE 6750–01–P
E:\FR\FM\08DEP1.SGM
08DEP1
Agencies
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Proposed Rules]
[Pages 57889-57891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26445]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 315
Public Workshop Examining Contact Lens Marketplace and Analyzing
Proposed Changes to the Contact Lens Rule
AGENCY: Federal Trade Commission.
ACTION: Public workshop and request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
holding a public workshop relating to its December 7, 2016 Notice of
Proposed Rulemaking (``NPRM'') announcing proposed changes to the
Contact Lens Rule. The workshop will explore issues relating to
competition in the contact lens marketplace, consumer access to contact
lenses, prescription release and portability, and other issues raised
in comments received in response to the NPRM.
DATES: The public workshop will be held on March 7, 2018, from 9:00
a.m. until 5:00 p.m., at the Constitution Center Conference Center,
located at 400 7th Street SW., Washington, DC. Requests to participate
as a panelist must be received by January 5, 2018. Any written comments
related to the agenda topics or the issues discussed by the panelists
at the workshop must be received by April 6, 2018.
ADDRESSES: Interested parties may file a comment or a request to
participate as a panelist online or on paper, by following the
instructions in the Filing Comments and Requests to Participate
[[Page 57890]]
as a Panelist part of the SUPPLEMENTARY INFORMATION section below.
Write ``Contact Lens Rule, 16 CFR part 315, Comment, Project No.
R511995'' on your comment and ``Contact Lens Rule, 16 CFR part 315,
Request to Participate, Project No. R511995'' on your request to
participate as a panelist. File your comment online at https://ftcpublic.commentworks.com/ftc/contactlensworkshop by following the
instructions on the web-based form. File your request to participate as
a panelist by email to: [email protected]. If you prefer
to file your comment or request to participate on paper, mail your
comment or request to the following address: Federal Trade Commission,
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610
(Annex F), or deliver your comment or request to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex F), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Elizabeth Delaney, Attorney, 202-326-
2903, or Alysa Bernstein, Attorney, 202-326-3289, Federal Trade
Commission, Division of Advertising Practices, Bureau of Consumer
Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
In 2003, Congress enacted the Fairness to Contact Lens Consumers
Act.\1\ Pursuant to the Act, the Commission promulgated the Contact
Lens Rule (``Rule''), which went into effect on August 2, 2004.\2\ The
Rule promotes competition in retail sales of contact lenses by
facilitating consumers' ability to comparison shop for contact lenses.
When a prescriber completes a contact lens fitting, the Rule requires
that the prescriber provide the patient with a copy of her
prescription. The Rule also requires that the prescriber verify or
provide such prescriptions to authorized third parties, such as contact
lens sellers.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 7601-7610 (Pub. L. 108-164).
\2\ Contact Lens Rule, 16 CFR 315.
---------------------------------------------------------------------------
In addition, the Rule places certain requirements on sellers. It
mandates that sellers dispense contact lenses only in accordance with a
valid prescription that is either presented to the seller or verified
by direct communication with the prescriber.\3\ Sellers may not alter a
prescription, but for private label contact lenses, may substitute
identical contact lenses that the same company manufactures and sells
under a different name.\4\
---------------------------------------------------------------------------
\3\ 16 CFR 315.5(a).
\4\ 16 CFR 315.5(e).
---------------------------------------------------------------------------
As part of its ongoing regulatory review program, the Commission
published a Request for Comment in September 2015 seeking comment on:
The economic impact of, and the continuing need for, the Rule; the
benefits of the Rule to consumers; the burdens the Rule places on
entities subject to its requirements; the impact the Rule has had on
the flow of information to consumers; the degree of industry compliance
with the Rule; the need for any modifications to increase its benefits
or reduce its burdens or to account for changes in relevant technology;
and any overlap or conflict with the Rule and other federal, state, or
local laws or regulations.\5\ The comment period closed on October 26,
2015, and the Commission received 660 comments.\6\ Virtually all
commenters agreed that there is a continuing need for the Rule and that
it benefits consumers and competition. The majority of commenters
recommended some modifications to the Rule in order to maximize the
benefits to consumers and competition, decrease the burden on
businesses, protect consumers' eye health, or improve overall
compliance with the Rule's existing requirements.
---------------------------------------------------------------------------
\5\ Contact Lens Rule, Request for Comment, 80 FR 53272 (Sept.
3, 2015).
\6\ The comments are posted at: https://www.ftc.gov/policy/public-comments/initiative-621.
---------------------------------------------------------------------------
After reviewing the comments, the Commission published a Notice of
Proposed Rulemaking (``NPRM'') proposing to amend the Rule to require
that prescribers obtain a signed acknowledgment after releasing a
contact lens prescription to a patient, and maintain each such
acknowledgment for a period of not less than three years.\7\ The
Commission also proposed to strike the words ``private label'' from
Section 315.5(e) of the Rule to conform the language of the Rule to
that of the Act. The Commission sought public comment on these proposed
amendments as well as several other issues, including: The use of
patient portals to provide prescriptions; the provision of additional
copies of a prescription to a patient; the amount of time required for
a prescriber to respond to a request for a copy of a prescription; and
additional information on possible modifications to the Rule that could
address issues raised about automated telephone calls. The Commission
received over 4,100 comments in response.\8\
---------------------------------------------------------------------------
\7\ Contact Lens Rule, Notice of Proposed Rulemaking, Request
for Comment, 81 FR 88526 (Dec. 7, 2016).
\8\ The comments are posted at: https://www.ftc.gov/policy/public-comments/2016/10/initiative-677.
---------------------------------------------------------------------------
II. Issues for Discussion at the Workshop
As part of the Contact Lens Rule rulemaking, the FTC is hosting a
public workshop to explore issues relating to competition in the
contact lens marketplace, consumer access to contact lenses,
prescription release and portability, and other issues raised in
comments to the NPRM. The workshop will cover topics including: (1)
Consumers' ability to comparison shop for contact lenses; (2) the use
of electronic health records, patient portals, and other technology to
improve prescription portability; (3) the interaction between the
Contact Lens Rule and emerging telehealth business models; (4) the
potential for new technology to improve the prescription verification
process; and (5) modifications to the Contact Lens Rule to foster
competition and maximize consumer benefits, including benefits to eye
health.
A more detailed agenda will be published at a later date, in
advance of the scheduled workshop.
III. Public Participation Information
A. Workshop Attendance
The workshop is free and open to the public, and will be held at
the Constitution Center, 400 7th Street SW., Washington, DC. It will be
webcast live on the FTC's Web site. For admittance to the Constitution
Center, all attendees must show valid government-issued photo
identification, such as a driver's license. Please arrive early enough
to allow adequate time for this process.
This event may be photographed, videotaped, webcast, or otherwise
recorded. By participating in this event, you are agreeing that your
image--and anything you say or submit--may be posted indefinitely at
www.ftc.gov or on one of the Commission's publicly available social
media sites.
B. Requests To Participate as a Panelist
The workshop will be organized into panels, which will address the
designated topics. Panelists will be selected by FTC staff. Other
attendees will have an opportunity to comment and ask questions. The
Commission will place a transcript of the proceeding on the public
record. Requests to participate as a panelist must be received on or
before January 5, 2018, as explained in Section IV below. Persons
[[Page 57891]]
selected as panelists will be notified on or before January 19, 2018.
Disclosing funding sources promotes transparency, ensures
objectivity, and maintains the public's trust. If chosen, prospective
panelists will be required to disclose the source of any support they
received in connection with participation at the workshop. This
information will be included in the published panelist bios as part of
the workshop record.
C. Electronic and Paper Comments
The submission of comments is not required for participation in the
workshop. If a person wishes to submit paper or electronic comments
related to the agenda topics or the issues discussed by the panelists
at the workshop, such comments should be filed as prescribed in Section
IV, and must be received on or before April 6, 2018.
IV. Filing Comments and Requests To Participate as a Panelist
You can file a comment, or request to participate as a panelist,
online or on paper. For the Commission to consider your comment, we
must receive it on or before April 6, 2018. For the Commission to
consider your request to participate as panelist, we must receive it by
January 5, 2018. Write ``Contact Lens Rule, 16 CFR part 315, Comment,
Project No. R511995'' on your comment and ``Contact Lens Rule, 16 CFR
part 315, Request to Participate, Project No. R511995'' on your request
to participate. 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 https://www.ftc.gov/os/publiccomments.shtm.
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, or to send them to the Commission by courier or
overnight service. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/contactlensworkshop, by following the instructions on the web based
form. When this Notice appears at https://www.regulations.gov/#!home,
you also may file a comment through that Web site.
Because your comment will be placed on the publicly accessible FTC
Web site at https://www.ftc.gov, you are solely responsible for making
sure that your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC Web site--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC Web site,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Requests to participate as a panelist at the workshop should be
submitted electronically to [email protected], or, if
mailed, should be submitted in the manner detailed below. Parties are
asked to include in their requests a brief statement setting forth
their expertise in or knowledge of the issues on which the workshop
will focus as well as their contact information, including a telephone
number and email address (if available), to enable the FTC to notify
them if they are selected.
If you file your comment or request on paper, write ``Contact Lens
Rule, 16 CFR part 315, Comment, Project No. R511995'' on your comment
and on the envelope and ``Contact Lens Rule, 16 CFR part 315, Request
to Participate, Project No. R511995,'' on your request and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex F), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
F). If possible, submit your paper comment or request to the Commission
by courier or overnight service.
Visit the Commission Web site at https://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 April 6, 2018. The Commission will consider
all timely requests to participate as a panelist in the workshop that
it receives by January 5, 2018. For information on the Commission's
privacy policy, including routine uses permitted by the Privacy Act,
see https://www.ftc.gov/site-information/privacy-policy.
V. Communications by Outside Parties to Commissioners or Their Advisors
Written communications and summaries or transcripts of oral
communications respecting the merits of this proceeding, from any
outside party to any Commissioner or Commissioner's advisor will be
placed on the public record. See 16 CFR 1.26(b)(5).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-26445 Filed 12-7-17; 8:45 am]
BILLING CODE 6750-01-P