Semiannual Regulatory Agenda, 27191-27203 [2020-08932]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Proposed Rules]
[Pages 27191-27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08932]


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FEDERAL TRADE COMMISSION

16 CFR Chapter I


Semiannual Regulatory Agenda

AGENCY: Federal Trade Commission.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Federal Trade Commission (FTC or Commission) is publishing 
its semiannual regulatory agenda in accordance with agency regulations.

DATES: May 7, 2020.

ADDRESSES: Copies of this document are available on the Commission's 
website, www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: For information about specific 
regulatory actions listed in the agenda, call, email, or write the 
contact person listed for each particular proceeding. General comments 
or questions about the agenda should be directed to G. Richard Gold; 
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW, 
Washington, DC 20580, telephone: (202) 326-3355; email: [email protected].

SUPPLEMENTARY INFORMATION: The Federal Trade Commission (FTC or 
Commission) is publishing its semiannual regulatory agenda in 
accordance with section 22(d)(1) of the Federal Trade Commission Act, 
15 U.S.C. 57b-3(d)(1) and the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601 to 612, as amended by the Small Business Regulatory 
Enforcement Fairness Act. The Commission's agenda follows guidelines 
and procedures issued January 16, 2020, by the Office of Management and 
Budget in accordance with the provisions of Executive Order 12866, 
``Regulatory Planning and Review,'' of September 30, 1993, 58 FR 51735 
(Oct. 4, 1993).
    The Government-wide Unified Agenda of Federal Regulatory and 
Deregulatory Actions includes a list of all regulatory actions under 
development or review and is scheduled for publication in its entirety 
on www.reginfo.gov and www.regulations.gov in a format that offers 
users a greatly enhanced ability to obtain information from the agenda 
database.
    The RFA requires publication in the Federal Register of agenda 
entries for rules that are likely to have a significant impact on a 
substantial number of small entities (5 U.S.C. 602) and any such rules 
that the agency has identified for periodic review under section 610 of 
the RFA. For spring 2020, the Commission has no proposed rules that 
would meet the RFA's publication requirements. In addition, the 
Commission has no proposed rules that would be a ``significant 
regulatory action'' under the definition in Executive Order 12866.
    The Commission has identified rulemakings that are likely to have 
some impact on small entities, but do not meet the RFA's publication 
requirements. The current rulemakings that are likely to have some 
impact on small entities are: (1) The Textile Rules, 16 CRF 303; (2) 
the Energy Labeling Rule, 16 CFR 305; (3) Telemarketing Sales Rule, 16 
CFR 310; (4) Children's Online Privacy Protection Rule, 16 CFR 312; (5) 
Privacy of Consumer Financial Information, 16 CFR 313; (6) Standards 
for Safeguarding Customer Information, 16 CFR 314; (7) Contact Lens 
Rule, 16 CFR 315; (8) Health Breach Notification Rule, 16 CFR 318; (9) 
the Care Labeling Rule, 16 CFR 423; (10) the Amplifier Rule, 16 CFR 
432; (11) Disclosure Requirements and Prohibitions Concerning 
Franchising, 16 CFR 436; (12) Funeral Rule, 16 CFR 453; (13) Eyeglass 
Rule, 16 CFR 456; (14) the Duties of Creditors Regarding Risk-Based 
Pricing Rule, 16 CFR 640; (15) the Duties of Users of Consumer Reports 
Regarding Address Discrepancies Rule, 16 CFR 641; (16) the Prescreen 
Opt-Out Notice Rule, 16 CFR 642; (17) the Duties of Furnishers of 
Information to Consumer Reporting Agencies Rule, 16 CFR 660; (18) the 
Affiliate Marketing Rule, 16 CFR 680; and (19) Identity Theft Rules, 16 
CFR 681. The Commission's rulemaking review process carefully considers 
regulatory burdens and streamlines rules when feasible and appropriate.
    The majority of the rulemakings listed in the agenda are being 
conducted as part of the Commission's systematic review of all of its 
regulations and guides on a rotating basis. Under the Commission's 
program, rules are reviewed on a 10-year schedule. In each rule review, 
the Commission requests public comments on, among other things, the 
economic impact and benefits of the rule; possible conflict between the 
rule and state, local, or other federal laws or regulations; and the 
effect on the rule of any

[[Page 27192]]

technological, economic, or other industry changes. These reviews 
incorporate and expand upon the review required by the RFA and 
regulatory reform initiatives directing agencies to conduct a review of 
all regulations and eliminate or revise those that are outdated or 
otherwise in need of reform.
    Except for notice of completed actions, the information in this 
agenda represents the judgment of Commission staff, based upon 
information now available. Each projected date of action reflects FTC 
staff's assessment that the specified event will occur this year. No 
final determination by the staff or the Commission respecting the need 
for or the substance of a rule should be inferred from the notation of 
projected events in this agenda. In most instances, the dates of future 
events are listed by month, not by a specific day. The information in 
this agenda may change as new information, changes of circumstances, or 
changes in the law occur.

    By direction of the Commission.
April Tabor,
Acting Secretary.

                 Federal Trade Commission--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
1.........................  Telemarketing Sales Rule..         3084-AB19
2.........................  Trade Regulation Rule on           3084-AB37
                             Ophthalmic Practice Rule.
3.........................  Disclosure Requirements            3084-AB49
                             and Prohibitions
                             Concerning Franchising.
4.........................  Identity Theft Rules......         3084-AB50
5.........................  Regulatory Review.........         3084-AB53
6.........................  Trade Regulation Rule on           3084-AB55
                             Funeral Industry
                             Practices.
7.........................  Health Breach Notification         3084-AB56
                             Rule.
8.........................  Prohibitions on Energy             3084-AB57
                             Market Manipulation Rule.
9.........................  Children's Online Privacy          3084-AB58
                             Protection Rule.
10........................  Use of Prenotification             3084-AB60
                             Negative Option Plans.
11........................  Trade Regulation Rule              3084-AB62
                             Concerning Power Output
                             Claims for Amplifiers
                             Utilized in Home
                             Entertainment Products.
12........................  Fair Credit Reporting Act          3084-AB63
                             Rules.
------------------------------------------------------------------------


              Federal Trade Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
13........................  Rule Concerning Energy and         3084-AB15
                             Water Use Labeling for
                             Consumer Products.
14........................  Care Labeling of Textile           3084-AB28
                             Apparel and Certain Piece
                             Goods as Amended.
15........................  Standards for Safeguarding         3084-AB35
                             Customer Information.
16........................  Contact Lens Rule.........         3084-AB36
17........................  Privacy of Consumer                3084-AB42
                             Financial Information.
18........................  Premerger Notification             3084-AB46
                             Rules and Report Form.
19........................  Rules and Regulations              3084-AB61
                             Under the Textile Fiber
                             Identification Act.
------------------------------------------------------------------------


------------------------------------------------------------------------
      Federal trade commission (FTC)                Prerule stage
------------------------------------------------------------------------
 
------------------------------------------------------------------------

1. Telemarketing Sales Rule

    Priority: Substantive, Nonsignificant.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 6101 to 6108; 15 U.S.C. 41 to 58
    CFR Citation: 16 CFR 310.
    Legal Deadline: None.
    Abstract: On August 11, 2014, the Commission initiated periodic 
review of the Telemarketing Sales Rule and solicited public comments. 
79 FR 46732 (Aug. 11, 2014). The comment period as extended closed on 
November 13, 2014. 79 FR 61267 (Oct. 10, 2014). On December 15, 2015, 
the Commission amended the Telemarketing Sales Rule to prohibit the use 
of certain payment methods in all telemarketing transactions, expand 
the scope of the advance fee ban for recovery services, and clarify 
certain provisions of the rule. Those amendments became effective 
February 12, 2016, and June 13, 2016. Staff anticipates making a 
recommendation regarding further rulemaking to the Commission by June 
2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
NPRM.............................        08/19/09  74 FR 41988
NPRM Comment Period End..........        10/09/09  .....................
NPRM Comment Period Extended.....        10/15/09  74 FR 52914
NPRM Extended Comment Period End.        10/26/09  .....................
Public Forum.....................        11/04/09  .....................
Final Rule.......................        08/10/10  75 FR 48458
Technical Correction to Final            08/24/10  75 FR 51934
 Rule.
Effective Date...................        09/27/10  .....................
Effective Date (Advance Fee Ban).        10/27/10  .....................
ANPRM (Caller ID)................        12/15/10  75 FR 78179
NPRM (Anti-Fraud)................        07/09/13  78 FR 41200
Closure of Proceeding (Caller ID)        12/20/13  78 FR 77024
Rule Review, Request for Public          08/14/14  79 FR 46732
 Comment.

[[Page 27193]]

 
Rule Review Comment Period               10/10/14  79 FR 61267
 Extended.
Rule Review Extended Comment             11/13/14  .....................
 Period End.
Final Rule (Anti-Fraud)..........        12/14/15  80 FR 77520
Final Rule (Anti-Fraud) Effective        02/12/16  .....................
Final Rule (Anti-Fraud-Use of            06/13/16  .....................
 Certain Payment Methods)
 Effective.
Recommendation to Commission             06/00/20  .....................
 (Rule Review).
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Patricia Hsue, Staff Attorney, Federal Trade 
Commission, Division of Marketing Practices, 600 Pennsylvania Avenue 
NW, Washington, DC 20580. Phone: 202 326-3132, Email: [email protected].
    RIN: 3084-AB19

2. Trade Regulation Rule on Ophthalmic Practice Rule

    Priority: Substantive, Nonsignificant.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 et seq.
    CFR Citation: 16 CFR 456.
    Legal Deadline: None.
    Abstract: Issued in 1978, the Trade Regulation Rule on Ophthalmic 
Practice Rules, also known as the Eyeglass Rule (Rule), provides that 
an optometrist or ophthalmologist must give the patient, at no extra 
cost, a copy of the eyeglass prescription immediately after the 
examination is completed. The Rule also prohibits optometrists and 
ophthalmologists from conditioning the availability of an eye 
examination, as defined by the Rule, on a requirement that the patient 
agrees to purchase ophthalmic goods from the optometrist or 
ophthalmologist and from placing on the prescription, or delivering to 
the patient, certain disclaimers or waivers of liability.
    As part of its ongoing systematic review of all Federal Trade 
Commission rules and guides, on September 3, 2015, the Commission 
requested public comments on, among other things, the economic impact 
and benefits of the Rule; possible conflict between the Rule and State, 
local, or other Federal laws or regulations; and the effect on the Rule 
of any technological, economic, or other industry changes. The comment 
period closed on October 26, 2015.
    Commission staff has completed review of the 831 comments received 
from consumers, eye care professionals, industry members, trade 
associations, and consumer advocates and anticipates sending a 
recommendation to the Commission for further action by August 2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Rule Review, Request for Public          09/03/15  80 FR 53274
 Comments.
Rule Review Comment Period Closed        10/26/15  .....................
Recommendation to Commission.....        08/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2015/08/ftc-seeks-public-input-review-eyeglass-rule.
    Agency Contact: Alysa Bernstein, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, CC-10528, Washington, DC 20580, 
Phone: 202 326-3289, Email: [email protected].
    Related RIN: Previously reported as 3084-AA80.
    RIN: 3084-AB37

3. Disclosure Requirements and Prohibitions Concerning Franchising

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 to 58
    CFR Citation: 16 CFR 436.
    Legal Deadline: None.
    Abstract: On February 13, 2019, the Commission announced it was 
initiating periodic review of the Franchise (Rule). The comment period 
closed on April 21, 2019. The Rule gives prospective purchasers of 
franchises the material information they need in order to weigh the 
risks and benefits of such an investment. The Rule requires franchisors 
to provide all potential franchisees with a disclosure document 
containing 23 specific items of information about the offered 
franchise, its officers, and other franchisees. Required disclosure 
topics include, for example: The franchise's litigation history, past, 
and current franchisees and their contact information, any exclusive 
territory that comes with the franchise, assistance the franchisor 
provides franchisees, and the cost of purchasing and starting a 
franchise. If a franchisor makes representations about the financial 
performance of the franchise, this topic also must be covered, as well 
as the material basis backing up those representations. Staff 
anticipates making a recommendation to the Commission by September 
2020.
    Timetable:

------------------------------------------------------------------------
             Action                   Date               FR cite
------------------------------------------------------------------------
Rule Review; Request for               03/15/19  .......................
 Comments.
Comment Period Closing Date....        04/21/19  .......................
Recommendation to Commission...        09/00/20  .......................
------------------------------------------------------------------------


[[Page 27194]]

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: State.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/02/ftc-seeks-public-comment-part-its-review-franchise-rule.
    Agency Contact: Christine Todaro, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 
202 326-3711, Email: [email protected].
    Related RIN: Split from 3084-AA63.
    RIN: 3084-AB49

4. Identity Theft Rules

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 1681m(e); 15 U.S.C. 1681m(e)(4); 15 
U.S.C. 1681c(h)
    CFR Citation: 16 CFR 681.
    Legal Deadline: None.
    Abstract: On December 11, 2018, the Commission initiated periodic 
review of the Identity Theft Rules, which include the Red Flags Rule 
and the Card Issuer Rule. The public comment period closed on February 
11, 2019, and staff is reviewing the comments. Staff plans to submit a 
recommendation to the Commission by June 2020.
    The Red Flags Rule requires financial institutions and creditors to 
develop and implement a written Identity Theft Prevention Program. By 
identifying red flags for identity theft in advance, businesses can be 
better equipped to spot suspicious patterns that may arise and take 
steps to prevent potential problems from escalating into a costly 
episode of identity theft. An Identity Theft Prevention Program must 
have four parts. First, the program must include reasonable policies 
and procedures to identify signs or red flags of identity theft in the 
day-to-day operations of the business. Second, the program must be 
designed to detect the red flags of identity theft identified by the 
business. Third, the program must set out the actions the business will 
take to detect red flags. Finally, because identity theft is an ever-
changing threat, a business must re-evaluate its program periodically 
to reflect new risks from this crime.
    The Card Issuer Rule requires credit and debit card issuers to 
implement reasonable policies and procedures to assess the validity of 
a change of address if it receives notification of a change of address 
for a consumer's debit or credit card account and, within a short 
period of time afterward, also receives a request for an additional or 
replacement card for the same account.
    Timetable:

------------------------------------------------------------------------
             Action                   Date               FR cite
------------------------------------------------------------------------
Rule Review; Request for               12/11/18  83 FR 63604
 Comments.
Rule Review Comment Period             02/11/19  .......................
 Closed.
Recommendation to Commission...        06/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2018/12/ftc-seeks-comment-identity-theft-detection-rules.
    Agency Contact: Ellen Connelly, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2532, 
Email: [email protected].
    Amanda Koulousias, Attorney, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-3334, 
Email: [email protected].
    Stacy Procter, Attorney, Federal Trade Commission, 10990 Wilshire 
Boulevard, Suite 400, Los Angeles, CA 90024, Phone: 310 825-4300, 
Email: [email protected].
    Related RIN: Split from 3084-AA94.
    RIN: 3084-AB50

5. Regulatory Review

    Priority: Other Significant.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 et seq.
    CFR Citation: 16 CFR 1 et seq.
    Legal Deadline: None.
    Abstract: The Commission continues its review of current rules and 
guides to identify any that should be modified or rescinded. No 
determination about whether to modify or rescind a rule, guide, or 
interpretation or any other procedural option should be inferred from 
the Commission's decision to publish a request for comments. The 
Commission's periodic review process carefully considers regulatory 
burdens and streamlines rules when feasible and appropriate. In certain 
instances, the reviews may also address other specific matters or 
issues, such as proposed amendments. Finally, the Commission may modify 
the rule review timetable as circumstances warrant.
    Timetable:

------------------------------------------------------------------------
             Action                   Date               FR cite
------------------------------------------------------------------------
Notice of Rules and Guides To          02/20/18  83 FR 7120
 Review in 2018.
Notice of Rules and Guides To          05/02/19  84 FR 18746
 Review in 2019.
Notice of Rules and Guides To          04/15/20  85 FR 20889
 Review in 2020.
Notice of Rules and Guides to          02/00/21  .......................
 Review in 2021.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202 
326-2984, Email: [email protected].
    Related RIN: Previously reported as 3084-AA47.
    RIN: 3084-AB53

6. Trade Regulation Rule on Funeral Industry Practices

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.

[[Page 27195]]

    Legal Authority: 15 U.S.C. 45; 15 U.S.C. 46(g); 15 U.S.C. 57a
    CFR Citation: 16 CFR 453.
    Legal Deadline: None.
    Abstract: On February 14, 2020, the Commission initiated periodic 
review of the Funeral Industry Practices Rule (Funeral Rule or Rule). 
85 FR 8490 (Feb. 14, 2020). The comment period as extended will close 
on June 15, 2020. 85 FR 20453 (April 13, 2020). The Rule, which became 
effective in 1984, requires sellers of funeral goods and services to 
give price lists to consumers who visit a funeral home and disclose 
price and other information to callers who request it over the 
telephone. The Rule enables consumers to select and purchase only the 
goods and services they want and requires funeral providers to seek 
authority before performing some services such as embalming. The Rule 
also requires funeral providers to make disclosures regarding any 
required purchases and prohibits misrepresentations regarding 
requirements and other aspects of funeral goods and services.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR Cite
------------------------------------------------------------------------
Rule Review, Request for Comments        02/14/20  85 FR 8490
Rule Review; Request for Comments        04/13/20  85 FR 20453
 (Comment Period Extended).
Rule Review; Request for Comments        06/15/20  .....................
 (Extended Comment Period End).
Staff Review of Comments.........        06/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2020/02/ftc-seeks-public-comment-part-its-review-funeral-rule.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Patti Poss, Federal Trade Commission, 600 
Pennsylvania Avenue NW, CC-8528, Washington, DC 20580, Phone: 202 326-
2413, Email: [email protected].
    Related RIN: Previously reported as 3084-AA82.
    RIN: 3084-AB55

7. Health Breach Notification Rule

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: sec. 13407 of the American Recovery and 
Reinvestment Act of 2009
    CFR Citation: 16 CFR 318.
    Legal Deadline: None.
    Abstract: The Commission plans to initiate periodic review of the 
Health Breach Notification Rule (Rule) by June 2020. This Rule requires 
vendors of personal health records (PHR) and PHR-related entities to 
provide: (1) Notice to consumers whose unsecured personally 
identifiable health information has been breached; and (2) notice to 
the Commission.
    Under the Rule, vendors must notify both the FTC and affected 
consumers ``without unreasonable delay and in no case later than 60 
calendar days'' after discovery of the breach. Among other information, 
the notices must provide consumers with steps they can take to protect 
themselves from harm.
    The FTC's Rule applies only to health information that is not 
secured through technologies specified by the Department of Health and 
Human Services (HHS). Also, the FTC's Rule does not apply to businesses 
or organizations covered by the Health Insurance Portability and 
Accountability Act (HIPAA). Entities covered by HIPAA must comply with 
HHS' breach notification rule in the event of a security breach.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Rule Review; Request for Comments        06/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Elisa Jillson, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-3001, 
Email: [email protected].
    Related RIN: Previously reported as 3084-AB17.
    RIN: 3084-AB56

8. Prohibitions on Energy Market Manipulation Rule

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 42 U.S.C. 17301 to 17305
    CFR Citation: 16 CFR 317.
    Legal Deadline: None.
    Abstract: The Commission plans to initiate periodic review of the 
Prohibition of Energy Market Manipulation Rule (Rule) by June 2020. 
This Rule, which became effective on November 4, 2009, prohibits fraud 
or deceit in wholesale petroleum markets, and omissions of material 
information that are likely to distort petroleum markets. Specifically, 
the final rule prohibits any person, directly or indirectly, in 
connection with the purchase or sale of crude oil, gasoline, or 
petroleum distillates at wholesale, from; (1) knowingly engaging in any 
act, practice, or course of business including making any untrue 
statement of material fact that operates or would operate as a fraud or 
deceit on any person; or (2) intentionally failing to state a material 
fact that under the circumstances renders a statement made by such 
person misleading, provided that such omission distorts or is likely to 
distort market conditions for any such product.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Rule Review; Request for Comments        06/00/20  .....................
------------------------------------------------------------------------


[[Page 27196]]

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Peter Richman, Assistant Director, Mergers III, 
Bureau of Competition, Federal Trade Commission, 600 Pennsylvania 
Avenue NW, Washington, DC 20580, Phone: 202 326-2563, Email: 
[email protected].
    Related RIN: Previously reported as 3084-AB12.
    RIN: 3084-AB57

9. Children's Online Privacy Protection Rule

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 6501 et seq.; 15 U.S.C. 41 to 58
    CFR Citation: 16 CFR 312.
    Legal Deadline: None.
    Abstract: On July 25, 2019, the Commission requested public comment 
on its Children's Online Privacy Protection Act Rule (COPPA Rule or 
Rule). 84 FR 35842 (July 25, 2019). The FTC sought comment on all major 
provisions of the COPPA Rule, including its definitions, notice and 
parental consent requirements, exceptions to verifiable parental 
consent, and safe harbor provision. The Commission held a public 
workshop to review the COPPA Rule on October 7, 2019. The public 
comment period closed on October 23, 2019.
    The Rule prohibits unfair or deceptive acts or practices in 
connection with the collection, use and/or disclosure of personal 
information from and about children under the age of 13 on the 
internet. The Rule requires operators of commercial websites and online 
services, with certain exceptions, to obtain verifiable parental 
consent before collecting, using, or disclosing personal information 
from or about children. An operator must make reasonable efforts, in 
light of available technology, to ensure that the person providing 
consent is the child's parent. The Commission amended the Rule in 2013 
to, among other things, expand the definition of personal information 
covered by the Rule and to include in the definition of ``website'' and 
``online service directed to children,'' operators of online services 
with actual knowledge they are collecting personal information directly 
from users of other websites or online services directed to children.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Regulatory Review; Request for           07/25/19  84 FR 35842
 Comments.
Public Workshop..................        10/07/19  .....................
Request for Comment Period End...        10/23/19  .....................
Review and Analyze Public                05/00/20  .....................
 Comments.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Kristin Cohen, Attorney, Federal Trade Commission, 
Division of Privacy and Identity Protection, 600 Pennsylvania Avenue 
NW, Washington, DC 20580, Phone: 202 326-2276.
    Related RIN: Previously reported as 3084-AB20.
    RIN: 3084-AB58

10. Use of Prenotification Negative Option Plans

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 to 58
    CFR Citation: 16 CFR 425.
    Legal Deadline: None.
    Abstract: On October 2, 2019, the Commission issued an Advance 
Notice of Proposed Rulemaking for the Negative Option Rule (Trade 
Regulation Rule on Use of Prenotification Negative Option Plans) 
seeking public comments on the effectiveness and impact of the rule and 
whether the rule needs to be amended to help consumers avoid recurring 
payments for products and services they did not intend to order and 
allow them to cancel such payments without unwarranted obstacles. 84 FR 
52393 (Oct. 2, 2019). The comment period closed on December 2, 2019.
    The Negative Option Rule governs the operation of prenotification 
subscription plans. Under these plans, sellers ship merchandise 
automatically to their subscribers, and bill them for the merchandise 
if consumers do not expressly reject the merchandise within a 
prescribed time. The rule protects consumers by: (1) Requiring that 
promotional materials disclose the terms of membership clearly and 
conspicuously, and (2) establishing procedures for the administration 
of such ``negative option'' plans.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
ANPRM............................        10/02/19  84 FR 52393
ANPRM Comment Period End.........        12/02/19  .....................
Recommendation to Commission.....        08/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Hampton Newsome, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 
202 326-2889, Email: [email protected].
    Related RIN: Related to 3084-AB13.
    RIN: 3084-AB60

[[Page 27197]]

11.  Trade Regulation Rule Concerning Power Output Claims for 
Amplifiers Utilized in Home Entertainment Products

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 et seq.
    CFR Citation: 16 CFR 432.
    Legal Deadline: None.
    Abstract: By December 2020, the Commission plans to initiate 
periodic review of the Amplifier Rule (officially the Trade Regulation 
Rule Concerning Power Output Claims for Amplifiers Utilized in Home 
Entertainment Products) as part of the Commission's systematic review 
of all current Commission rules and guides. The Commission plans to 
seek comments on, among other things, the economic impact and benefits 
of this rule; possible conflict between the rule and State, local, or 
other Federal laws or regulations; and the effect on the rule of any 
technological, economic, or other industry changes. Promulgated in 
1974, the Rule assists consumers in purchasing power amplification 
equipment for home entertainment purposes by standardizing the 
measurement and disclosure of various performance characteristics of 
the equipment. The Amplifier Rule establishes uniform test standards 
and disclosures so that consumers can make more meaningful comparisons 
of performance attributes. The Rule makes it an unfair or deceptive act 
or practice for manufacturers and sellers of sound power amplification 
equipment for home entertainment purposes to fail to disclose certain 
performance information in connection with direct or indirect 
representations of power output, power band, frequency, or distortion 
characteristics. The Rule also sets out standard test conditions for 
performing the measurements that support the required performance 
disclosures. Further, the Rule prohibits representations of performance 
characteristics if they are not obtainable when the equipment is 
operated by the consumer in the usual and ordinary manner without the 
use of extraneous aids.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Regulatory Review; Request for           12/00/20  .....................
 Comments.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202 
326-2984, Email: [email protected].
    Related RIN: Previously reported as 3084-AB09.
    RIN: 3084-AB62

12.  Fair Credit Reporting Act Rules

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: Pub. L. 108-159, 117 Stat. 1952; Pub. L. 11-24, 
123 Stat. 1734
    CFR Citation: 16 CFR 640; 16 CFR 641; 16 CFR 642; 16 CFR 660; 16 
CFR 680; . . .
    Legal Deadline: None.
    Abstract: By December 2020, the FTC plans to initiate periodic 
review of several Fair Credit Reporting Act rules as part of the 
Commission's systematic review of all current Commission rules and 
guides. These rules include: ``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; and ``Affiliate 
Marketing,'' 16 CFR part 680. The FTC's rulemaking authority for these 
rules is limited to motor vehicle dealers described in section 1029(a) 
of the Dodd-Frank Act that are predominantly engaged in the sale and 
servicing of motor vehicles, the leasing and servicing of motor 
vehicles, or both. The Commission plans to seek comments on, among 
other things, the economic impact and benefits of these rules; possible 
conflict between the rules and State, local, or other Federal laws or 
regulations; and the effect on the rules of any technological, 
economic, or other industry changes.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Regulatory Review: Request for           12/00/20  .....................
 Comments.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: David Lincicum, Federal Trade Commission, 600 
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
    Katherine White (Affiliate Marketing), Federal Trade Commission, 
600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2878, 
Email: [email protected].
    Related RIN: Previously reported as 3084-AB31, Previously reported 
as 3084-AA94.
    RIN: 3084-AB63

------------------------------------------------------------------------
      Federal Trade Commission (FTC)             Proposed rule stage
------------------------------------------------------------------------
                                            ............................
------------------------------------------------------------------------

13. Rule Concerning Energy and Water Use Labeling for Consumer Products

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: sec. 321 and 325 of the Energy Independence and 
Security Act of 2007 (EISA)
    CFR Citation: 16 CFR 305.
    Legal Deadline: None.
    Abstract: On November 9, 2017, the Commission published proposed 
rule changes containing scheduled, routine updates to the comparability 
ranges, and unit energy cost figures on EnergyGuide labels for 
dishwashers, furnaces, room air conditioners, and pool heaters. The 
Commission also proposed to set a compliance date for EnergyGuide 
labels on room air conditioner boxes. The comment period closed on 
December 4, 2017. On February 22, 2018, the Commission published final 
rule amendments that update ranges of comparability and unit energy 
cost figures on EnergyGuide labels for

[[Page 27198]]

dishwashers, furnaces, room air conditioners, and pool heaters. 83 FR 
7593 (Feb. 22, 2018). The effective date is May 23, 2018. The 
Commission also set a compliance date of October 1, 2019, for 
EnergyGuide labels on room air conditioner boxes and made several minor 
clarifications and corrections to the rule.
    On October 30, 2019, the Commission issued a final rule that made 
nonsubstantive amendments to improve the rule's usability. 84 FR 58026 
(Oct. 30, 2019). The amendments organized the rule's product 
descriptions to make it easier for stakeholders to identify relevant 
covered products, particularly for categories (such as lighting) that 
contain several different product types and exemptions. Next, the 
amendments divided the rule's primary labeling provision into several 
sections to make it easier to identify the labeling requirements for 
specific products. Finally, the changes removed obsolete, unneeded 
references to products manufactured and sold decades ago. The final 
rule was effective on November 29, 2019.
    On April 10, 2020, the Commission issued a notice seeking comments 
on proposed amendments that would establish EnergyGuide labels for 
portable air conditioners. 85 FR 20218 (April 10, 2020). The proposed 
amendments also sought comment on changes to energy efficiency 
descriptors for central air conditioners to conform to upcoming DOE 
changes. The comment period will close on June 9, 2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
ANPRM............................        07/17/08  73 FR 40988
Public Meeting...................        09/15/08  .....................
ANPRM Comment Period End.........        09/29/08  .....................
ANPRM (Consumer Electronics).....        03/16/09  74 FR 11045
ANPRM (Consumer Electronics)             05/14/09  .....................
 Comment Period End.
NPRM (Light Bulbs)...............        11/10/09  74 FR 57950
NPRM Comment Period End (Light           12/28/09  .....................
 Bulbs).
NPRM (TVs and Other Consumer             03/11/10  75 FR 11483
 Electronics).
Public Meeting (TVs and Other            04/16/10  .....................
 Consumer Electronics).
NPRM (TVs and Other Consumer             05/14/10  .....................
 Electronics) Comment Period End.
Final Rule (Light Bulbs).........        07/19/10  75 FR 41696
Technical Correction to Final            08/16/10  75 FR 49818
 Rule (Light Bulbs).
Comment Period End (Light Bulb:          09/20/10  .....................
 Other Issues).
NPRM (Light Bulbs)...............        12/29/10  75 FR 81943
Final Rule (TVs).................        01/06/11  76 FR 1038
Final Rule (Light Bulb)..........        04/12/11  76 FR 20233
NPRM (Light Bulb II).............        08/01/11  76 FR 45715
ANPRM (Regional Efficiency               11/28/11  76 FR 72872
 Standards).
Public Meeting (Regional                 12/16/11  .....................
 Efficiency Standards).
ANPRM Comment Period End                 01/10/12  .....................
 (Regional Efficiency Standards).
NPRM (Systematic Review).........        03/15/12  77 FR 15298
NPRM (Regional Efficiency                06/06/12  77 FR 33337
 Standards).
NPRM (Comparability Ranges)......        01/09/13  78 FR 1779
Final Rule (Systematic Review)...        01/10/13  78 FR 2200
Final Rule (Regional Efficiency          02/06/13  78 FR 8362
 Standards).
Final Rule (Comparability Ranges)        07/23/13  78 FR 43974
NPRM (Televisions)...............        12/26/13  78 FR 78305
NPRM (Televisions) Comment Period        02/14/14  .....................
 End.
Final Rule (Televisions).........        04/09/14  79 FR 19464
Supplemental NPRM (Systematic            06/18/14  79 FR 34642
 Review).
Supplemental NPRM (Systematic            08/18/14  .....................
 Review) Comment Period End.
Final Rule (Regional Efficiency          12/29/14  79 FR 77868
 Standards).
ANPRM (Refrigeration Products)...        12/31/14  79 FR 78736
Final Action Effective (Regional         04/06/15  .....................
 Efficiency Standards).
Final Rule (Systematic Review)...        11/02/15  80 FR 67285
NPRM (Access to Labels)..........        11/02/15  80 FR 67351
NPRM Comment Period End..........        01/01/16  .....................
Final Rule (Comparability Ranges)        02/11/16  81 FR 7201
Final Rule (Comparability Ranges)        05/11/16  .....................
 Effective Date.
NPRM (Fans, Water Heaters,               09/12/16  81 FR 62681
 Plumbing).
Final Rule (Access to Labels)....        09/15/16  81 FR 63634
Final Rule (Access to Labels)            09/17/16  .....................
 Effective.
NPRM (Fans, Water Heaters,               11/14/16  .....................
 Plumbing) Comment Period End.
Final Rule (Access to Labels);           10/28/16  81 FR 74917
 Correction.
Final Rule (Access to Labels)            06/17/17  .....................
 Effective.
Final Rule (Fans, Water Heaters,         06/28/17  82 FR 29230
 Plumbing).
NPRM (Comparability Ranges)......        11/09/17  82 FR 52024
NPRM (Comparability Ranges)              12/04/17  .....................
 Comment Period End.
Final Rule (Comparability Ranges)        02/22/18  83 FR 7593
Final Rule (Comparability Ranges)        05/23/18  .....................
 Effective.
Final Rule (Room Air Conditioner         10/01/19  .....................
 Boxes) Effective.
NPRM (Non-substantive                    03/14/19  84 FR 9261
 Reorganization).
NPRM (Non-substantive                    04/15/19  .....................
 Reorganization) Comment Period
 End.
Final Rule (Non-substantive              10/30/19  84 FR 58026
 Reorganization).
Final Rule (Non-substantive              11/29/19  .....................
 Reorganization) Effective.
NPRM (Air Conditioners)..........        04/10/20  85 FR 20218

[[Page 27199]]

 
NPRM (Air Conditioners) Comment          06/09/20  .....................
 Period End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/10/ftc-publishes-amendments-improve-usability-energy-labeling-rule.
    Agency Contact: Hampton Newsome, Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
CC-9528, Washington, DC 20580, Phone: 202 326-2889, Email: 
[email protected].
    Related RIN: Related to 3084-AB11.
    RIN: 3084-AB15

14. Care Labeling of Textile Apparel and Certain Piece Goods as Amended

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 41 et seq.
    CFR Citation: 16 CFR 423.
    Legal Deadline: None.
    Abstract: As part of the systematic review of all Commission rules, 
on July 13, 2011, the Commission initiated its periodic review of the 
Care Labeling Rule (or the Rule on Care Labeling of Textile Apparel and 
Certain Piece Goods as Amended) by publishing a notice seeking public 
comments on the effectiveness and impact of the rule. 76 FR 41148 (July 
13, 2011). The comment period closed on September 6, 2011, and staff 
reviewed the comments.
    On September 11, 2012, the Commission announced a Notice of 
Proposed Rulemaking (NPRM). Based on a review of comments, the 
Commission concluded that the rule continues to benefit consumers, and 
would be retained. The NPRM sought comments on potential updates to the 
rule, including changes that would: Allow manufacturers and importers, 
if they so choose, to include professional instructions for wet-
cleaning--an environmentally friendly alternative to dry cleaning--on 
labels if garments can be professionally wet cleaned; permit 
manufacturers to use updated American Society for Testing and Materials 
or International Organization for Standardization symbols on labels in 
lieu of written terms providing care instructions; clarify what 
constitutes a reasonable basis for care instructions; and update and 
expand the definition of ``dry clean'' to reflect current practices and 
account for the advent of new solvents. The comment period closed on 
November 16, 2012.
    On July 24, 2013, the Commission announced that it would host a 
public roundtable on October 1, 2013, to analyze proposed changes to 
the rule. 78 FR 45901 (July 30, 2013). On March 28, 2014, the 
Commission hosted a public roundtable in Washington, DC, that analyzed 
proposed changes to the rule. Staff anticipates the Commission will 
issue a Supplemental NPRM by June 2020.
    The Care Labeling Rule makes it an unfair or deceptive act or 
practice for manufacturers and importers of textile wearing apparel and 
certain piece goods to sell these items without attaching care labels 
stating ``what regular care is needed for the ordinary use of the 
product.'' The rule also requires that the manufacturer or importer 
possess, prior to sale, a reasonable basis for the care instructions, 
and allows the use of approved care symbols in lieu of words to 
disclose care instructions.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
ANPRM............................        07/13/11  76 FR 41148
ANPRM Comment Period Closed......        09/06/11  .....................
NPRM.............................        09/20/12  77 FR 58338
NPRM Comment Period Closed.......        11/16/12  .....................
Commission Roundtable............        03/28/14  .....................
NPRM and Roundtable Comment              04/11/14  .....................
 Period End.
Supplemental NPRM................        06/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Hampton Newsome, Attorney, Federal Trade 
Commission, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, 
Washington, DC 20580, Phone: 202 326-2889, Email: [email protected].
    Related RIN: Previously reported as 3084-AA54.
    RIN: 3084-AB28

15. Standards for Safeguarding Customer Information

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: The Gramm-Leach-Bliley Act as codified at 15 
U.S.C. 6801(b), 6805(b)(2)
    CFR Citation: 16 CFR 314.
    Legal Deadline: None.
    Abstract: The Safeguards Rule, as directed by the Gramm-Leach-
Bliley (GLB) Act, requires each financial institution subject to the 
FTC's jurisdiction to develop a written information security program to 
keep customer information secure that is appropriate to its size and 
complexity, the nature and scope of its activities, and the sensitivity 
of the customer information at issue. Companies covered by the rule are 
also responsible for taking steps to ensure that their service 
providers safeguard customer information in their care. The Commission 
believes that the rule strikes an appropriate balance between allowing 
financial institutions flexibility and establishing standards for 
safeguarding customer information that are consistent with GLB's 
requirements.
    As part of its ongoing systematic review of all rules and guides, 
on September 7, 2016, the Commission requested public comments on, 
among other things, the economic impact and benefits of the rule; 
possible conflict between the rule and State, local, or other Federal 
laws or regulations; and the effect on the rule of any technological, 
economic, or other industry changes. 81 FR 61632 (Sept. 7, 2016). The 
comment period closed on November 7, 2016. On March 5, 2019, the 
Commission announced a notice of proposed rulemaking. 84 FR 13158

[[Page 27200]]

(April 4, 2019). The public comment period as extended closed on August 
2, 2019. 84 FR 24049 (May 24, 2019). Staff is reviewing approximately 
50 comments that were submitted. On March 6, 2020, the Commission 
announced that a public workshop relating to the April 4, 2019 NPRM 
would be held on May 13, 2020. 85 FR 13082 (Mar. 6, 2020). However, due 
to the COVID-19 pandemic, the workshop will be postponed until July 13, 
2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Rule Review, Request for Public          09/07/16  81 FR 61632
 Comment.
Comment Period End...............        11/07/16  .....................
NPRM.............................        04/04/19  84 FR 13158
NPRM Comment Period Extended.....        05/24/19  84 FR 24049
NPRM Extended Comment Period End.        08/02/19  .....................
Public Workshop Announcement.....        03/06/20  85 FR 13082
Public Workshop Rescheduled              04/21/20  .....................
 (Press Release).
Public Workshop..................        07/00/20  .....................
Public Workshop Comment Period           08/12/20  .....................
 End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/05/ftc-extends-comment-deadline-proposed-changes-safeguards-rule.
    Agency Contact: David Lincicum, Federal Trade Commission, 600 
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
    Related RIN: Previously reported as 3084-AA87.
    RIN: 3084-AB35

16. Contact Lens Rule

    Priority: Substantive, Nonsignificant.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 7601 to 7610
    CFR Citation: 16 CFR 315.
    Legal Deadline: None.
    Abstract: The FTC promulgated the Contact Lens Rule pursuant to the 
Fairness to Contact Lens Consumers Act (FCLCA), 15 U.S.C. 7601 to 7610, 
which was enacted to enable consumers to purchase contact lenses from 
the seller of their choice. The Rule became effective on August 2, 
2004. As mandated by the FCLCA, the Rule requires contact lens 
prescribers to provide prescriptions to their patients on the 
completion of a contact lens fitting, and verify contact lens 
prescriptions to contact lens sellers authorized by consumers to seek 
such verification. Sellers may provide contact lenses only in 
accordance with a valid prescription that is directly presented to the 
seller or verified with the prescriber.
    As part of its ongoing systematic review of all FTC rules and 
guides, on September 3, 2015, the Commission requested public comments 
on, among other things, the economic impact and benefits of the Rule; 
possible conflict between the Rule and State, local, or other Federal 
laws or regulations; and the effect on the Rule of any technological, 
economic, or other industry changes. The comment period closed on 
October 26, 2015. After Commission staff completed review of the 660 
comments received from consumers, eye care professionals, industry 
members, trade associations, and consumer advocacy groups, the 
Commission published a Notice of Proposed Rulemaking (NPRM) on December 
7, 2016, seeking comment on its proposal to amend the Rule to require 
contact lens prescribers to obtain a signed acknowledgement after 
releasing a contact lens prescription to a patient and to maintain it 
for at least 3 years. In addition, to conform language of the Rule to 
the language of the FCLCA, the Commission proposed to amend section 
315.5(e) of the Rule to remove the words ``private label.'' The 
Commission also sought comment on this proposal. The comment period 
closed on January 30, 2017, and staff reviewed more than 4,000 comments 
that were received.
    On December 8, 2017, the Commission announced that it would hold a 
public workshop relating to the NPRM and other issues relating to 
competition in the marketplace and consumer access to contact lens. 82 
FR 57889 (Dec. 8, 2017). The workshop was held on March 7, 2018, and 
the deadline for submitting comments on the issues discussed at the 
workshop was April 6, 2018. Staff reviewed the more than 3,000 comments 
received and submitted a recommendation to the Commission in April 
2019. On May 28, 2019, the Commission issued a Supplemental Notice of 
Proposed Rulemaking (SNPRM), which was subsequently published in the 
Federal Register. 84 FR 24664 (May 28, 2019). As detailed in the SNPRM, 
after a contact lens fitting, prescribers would have to satisfy a new 
Confirmation of Prescription Release requirement in one of several 
ways-requesting that the patient acknowledge receipt of the contact 
lens prescription by signing a separate confirmation statement; 
requesting that the patient sign a prescriber-retained copy of the 
prescription that contains a statement confirming the patient received 
it; requesting that the patient sign a prescriber-retained copy of the 
sales receipt for the examination that contains a statement confirming 
the patient received the prescription; or providing the patient with a 
digital copy of the prescription and retaining evidence that it was 
sent, received, or made accessible, downloadable, and printable. The 
prescriber would have to maintain evidence that they satisfied the 
Confirmation of Prescription Release requirement for at least 3 years. 
The Commission believes the newly developed modification will achieve 
the goals of its original proposal, while imposing less of a burden on 
prescribers.
    The Commission also sought comment on newly recommended Rule 
modifications affecting prescribers in several other ways: First, by 
adding to the Rule a definition of the term ``provide to the patient a 
copy,'' the Commission proposes to allow prescribers to provide 
patients with a digital copy of their prescription instead of a paper 
copy, with the patient's consent; Second, the Commission recommends 
requiring prescribers to provide an additional copy of a patient's 
prescription to a designated agent of the patient within 40 business 
hours of receipt of the request.
    Further, to address concerns about incomplete or incomprehensible 
automated telephone verification

[[Page 27201]]

messages, the Commission proposed several new requirements for sellers 
who use such messages to communicate with prescribers, to include 
requiring that the information be delivered in a slow and deliberate 
manner and at a reasonably understandable volume and that prescribers 
be able to repeat the message. The purpose of these proposals is to 
enable prescribers to fulfill their roles as protectors of patients' 
eye health by ensuring they can comprehend sellers' verification 
requests.
    Finally, the Commission proposed modifications designed to reduce 
illegal prescription alterations by sellers in violation of the Rule. 
The Rule already prohibits prescription alteration, but some sellers 
appear to use passive verification to switch consumers from their 
prescribed lens to another lens brand. The Commission therefore 
proposes to amend the prohibition on seller alteration of prescriptions 
by specifying that alteration includes a seller providing the 
prescriber with a verification request with the name of a manufacturer 
or brand other than that specified by the patient's prescriber, unless 
such name is specifically provided by the patient.
    The Commission also proposed to amend the Rule to require that 
sellers provide a mechanism that would allow patients to present their 
prescriptions directly to the seller. These changes are meant to ensure 
that consumers receive the lenses prescribed for them, consistent with 
the intent of the FCLCA and the Rule. The public comment period closed 
on July 29, 2019. Staff submitted a recommendation to the Commission 
during early spring 2020 and anticipates Commission action by May 2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Rule Review, Request for Public          09/03/15  80 FR 53272
 Comments.
Rule Review Comment Period Closed        10/26/15  .....................
NPRM.............................        12/07/16  81 FR 88526
NPRM Comment Period Closed.......        01/30/17  .....................
Announcement of Public Workshop..        12/08/17  82 FR 57889
Public Workshop..................        03/07/18  .....................
Public Workshop Comment Period           04/06/18  .....................
 End.
Recommendation to Commission.....        04/08/19  .....................
Supplemental NPRM................        05/28/19  84 FR 24664
Supplemental NPRM Comment Period         07/29/19  .....................
 End.
Recommendation to Commission.....        03/31/20  .....................
Commission Action................        05/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses, Organizations.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/05/ftc-seeks-additional-public-comment-proposed-changes-contact-lens.
    Agency Contact: Alysa Bernstein, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, CC-10528, Washington, DC 20580, 
Phone: 202 326-3289, Email: [email protected].
    Related RIN: Previously reported as 3084-AA95.
    RIN: 3084-AB36

17. Privacy of Consumer Financial Information

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 6801 et seq.
    CFR Citation: 16 CFR 313.
    Legal Deadline: None.
    Abstract: The Privacy of Consumer Financial Information Rule 
(Privacy Rule or Rule), 16 CFR part 313, requires among other things 
that certain motor vehicle dealers provide an annual disclosure of 
their privacy policies to their customers by hand delivery, mail, 
electronic delivery, or, with the consent of the consumer, through a 
website.
    On June 24, 2015, the Commission proposed amending the Rule to 
allow motor vehicle dealers instead to notify their customers that a 
privacy policy is available on their websites, under certain 
circumstances. 80 FR 36267 (June 24, 2015). The proposed amendment 
would also revise the scope and definitions in the Rule in light of the 
transfer of part of the Commission's rulemaking authority to the 
Consumer Financial Protection Bureau in the Dodd-Frank Wall Street 
Reform and Consumer Protection Act. In particular, the proposed 
amendment would clarify that the Commission's Privacy Rule applies only 
to certain motor vehicle dealers, and not to a broader range of 
financial institutions as it had prior to the enactment of the Dodd-
Frank Wall Street Reform and Consumer Protection Act. The comment 
period closed on August 31, 2015. Congress subsequently enacted the 
Fixing America's Surface Transportation (FAST) Act, which included a 
provision amending the Gramm-Leach-Bliley Act to create a new exception 
to the annual notice requirement. On March 5, 2019, the Commission 
announced a notice of proposed rulemaking. The comment period closed on 
June 3, 2019. Staff anticipates sending a recommendation to the 
Commission by September 2020.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
NPRM.............................        06/24/15  80 FR 36267
NPRM Comment Period End..........        08/31/15  .....................
Supplemental NPRM................        04/04/19  84 FR 13151
Supplemental NPRM Comment Period         06/03/19  .....................
 End.
Recommendation to Commission.....        09/00/20  .....................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/news-events/press-
releases/

[[Page 27202]]

2019/03/ftc-seeks-comment-proposed-amendments-safeguards-privacy-rules.
    Agency Contact: David Lincicum, Federal Trade Commission, 600 
Pennsylvania Avenue NW, CC-8232, Washington, DC 20580, Phone: 202 326-
2773, Email: [email protected].
    Related RIN: Previously reported as 3084-AA97.
    RIN: 3084-AB42

18. Premerger Notification Rules and Report Form

    Priority: Substantive, Nonsignificant.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 18(a), Clayton Act
    CFR Citation: 16 CFR 801 to 803.
    Legal Deadline: None.
    Abstract: The Premerger Notification Rules (HSR Rules or Rules) and 
the Antitrust Improvements Act Notification and Report Form (HSR Form) 
were adopted pursuant to section 7(A) of the Clayton Act. Section 7(A) 
requires firms of a certain size contemplating mergers, acquisitions, 
or other transactions of a specified size to file notification with the 
Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) 
and to wait a designated period of time before consummating the 
transaction. It also requires the FTC, with the concurrence of the U.S. 
Assistant Attorney General for the Antitrust Division, to promulgate 
rules requiring that notification be in a form and contain information 
necessary to enable the FTC and DOJ to determine whether the proposed 
transaction may, if consummated, violate antitrust laws. These rules 
are continually reviewed in order to improve the program's 
effectiveness and reduce the paperwork burden on the business 
community.
    Pursuant to the 2000 Amendments to section 7(A) of the Clayton Act, 
codified at 15 U.S.C. 18(a), the filing thresholds are revised annually 
based on the change in gross national product. The threshold reporting 
figure of the size-of-the-transaction test under section 
7(A)(a)(2)(B)(I) is now $94 million, which was effective February 27, 
2020. 85 FR 4984 (Jan. 28, 2020).
    On October 31, 2019, the Commission issued a Notice of Proposed 
Rulemaking that proposed clarifying the definition of foreign issuer in 
the HSR Rules. 84 FR 58348 (Oct. 31, 2019). The current definition for 
U.S. and foreign persons and issuers focuses on three tests, one of 
which relates to the location of ``principal offices.'' But the term 
``principal offices'' is not defined in the rules; this rulemaking 
would provide a definition. The deadline for providing public comments 
closed on December 30, 2019. Staff is currently drafting a 
recommendation to submit to the Commission by June 2020.
    By the end of June 2020, the Commission plans to initiate periodic 
review of the HSR Rules as part of the Commission's systematic review 
of all current Commission rules and guides. The Commission plans to 
seek comments on, among other things, the economic impact and benefits 
of these Rules; possible conflict between the Rules and State, local, 
or other Federal laws or regulations; and the effect on the Rules of 
any technological, economic, or other industry changes.
    Timetable:

------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
Final Rule (HSR Form Update).....        07/12/17  82 FR 32123
Final Rule (HSR Form Instructions        07/16/18  83 FR 32768
 Update).
Final Rule (HSR Form Instructions        08/15/18  .....................
 Update) Effective.
Final Rule (HSR Form Instructions        06/27/19  84 FR 30595
 Update).
Recommendation to Commission             08/15/19  .....................
 (Foreign Issuer).
Final Rule (HSR Form Instructions        09/25/19  .....................
 Update) Effective.
NPRM (Foreign Issuer)............        10/31/19  84 FR 58348
NPRM (Foreign Issuer) Comment            12/30/19  .....................
 Period End.
Recommendation to Commission             06/00/20  .....................
 (Foreign Issuer).
Rule Review; Request for Comments        06/00/20  .....................
NPRM (De Minimis and Aggregation)        06/00/20  .....................
NPRM (Reporting and Waiting              06/00/20  .....................
 Period Requirements).
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: https://www.ftc.gov/news-events/press-releases/2019/11/ftc-doj-approve-procedural-amendments-hsr-rules-foreign-entities.
    Agency Contact: Robert L. Jones, Assistant Director, Premerger 
Notification Office, Bureau of Competition, Federal Trade Commission, 
600 Pennsylvania Ave. NW, Washington, DC 20580, Phone: 202 326-2740, 
Email: [email protected].
    Related RIN: Related to 3084-AB32, Related to 3084-AA91, Related to 
3084-AA23.
    RIN: 3084-AB46

19.  Rules and Regulations Under the Textile Fiber 
Identification Act

    Priority: Substantive, Nonsignificant. Major status under 5 U.S.C. 
801 is undetermined.
    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 70
    CFR Citation: 15 CFR 303.
    Legal Deadline: None.
    Abstract: On February 18, 2020, the Commission issued a Notice of 
Proposed Rulemaking to amend the Textile Rules (officially the Rules 
and Regulations under the Textile Fiber Products Identification Act) to 
incorporate the most recent ISO 2076 standard for generic fiber names. 
85 FR 8781 (Feb. 18, 2020). The proposed amendment should reduce 
compliance costs and increase flexibility for firms providing textile 
fiber information to consumers. The comment period closed on March 19, 
2020.
    The Textile Fiber Products Identification Act requires articles of 
wearing apparel and other covered household textile articles to be 
marked with: (1) The generic names and percentages by weight of the 
constituent fibers present in the textile fiber product; (2) the name 
under which the manufacturer or another responsible U.S. company does 
business, or in lieu thereof, the registered identification number (RN) 
of such a company; and (3) the name of the country where the textile 
product was processed or manufactured.
    Timetable:

[[Page 27203]]



------------------------------------------------------------------------
              Action                    Date              FR cite
------------------------------------------------------------------------
NPRM.............................        02/18/20  85 FR 8781
NPRM Public Comment Period End...        03/19/20  .....................
Staff Review and Analysis of             05/00/20  .....................
 Public Comments.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: https://www.ftc.gov/policy/federal-register-notices/16-cfr-part-303-rules-regulations-under-textile-fiber-products-1.
    Agency Contact: Jock K. Chung, Attorney, Federal Trade Commission, 
600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580, Phone: 202 
326-2984, Email: [email protected].
    Related RIN: Previously reported as 3084-AB47.
    RIN: 3084-AB61

[FR Doc. 2020-08932 Filed 5-6-20; 8:45 am]
 BILLING CODE P