Public Workshop Examining Potential Amendments to the Funeral Rule, 33011-33013 [2023-10815]

Download as PDF Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules Issued under authority provided by 49 U.S.C. 106(f), 44701(a)(5), and 44703(a) in Washington, DC. Wesley L. Mooty, Acting Deputy Executive Director, Flight Standards Service. [FR Doc. 2023–10182 Filed 5–22–23; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 453 RIN 3084–AB55 Public Workshop Examining Potential Amendments to the Funeral Rule Federal Trade Commission. Public workshop; request for public comment. AGENCY: ACTION: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) will hold an in-person public workshop relating to its November 2, 2022, advance notice of proposed rulemaking (‘‘2022 ANPR’’) on the Trade Regulation Rule entitled the ‘‘Funeral Industry Practices Rule’’ (‘‘Funeral Rule’’ or ‘‘Rule’’). The workshop will explore issues relating to the Funeral Rule’s General Price List (‘‘GPL’’) requirements, including whether and how funeral providers should be required to provide price lists electronically or online, and other issues raised in the comments received in response to the 2022 ANPR. DATES: The public workshop will be held on September 7, 2023, from 9:30 a.m. until 3:30 p.m. at the Constitution Center Conference Center, located at 400 7th Street SW, Washington, DC 20024. The workshop will also be available for viewing via live webcast. Requests to participate as a panelist must be received by June 19, 2023. Any written comments related to the issues discussed at the workshop must be received by October 10, 2023. 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 as a Panelist part (Section IV) of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Funeral Rule Workshop, Project No. P034410’’ on your comment or request to participate as a panelist. File your comment through https:// www.regulations.gov. File your request to participate as a panelist by email to: funeralrule@ftc.gov. If you prefer to file your comment or request to participate on paper, write ‘‘Funeral Rule Workshop, Project No. P034410’’ on lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:36 May 22, 2023 Jkt 259001 your comment or request to participate, and on the envelope, and mail your comment or request to participate to the Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex F), Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 326–2662; and Samantha Denny, Midwest Region, Federal Trade Commission, 230 S. Dearborn, Suite 3030, Chicago, IL 60604, (312) 960–5623. SUPPLEMENTARY INFORMATION: I. Introduction The Commission issued the Funeral Rule on September 24, 1982, and it became fully effective on April 30, 1984.1 The Funeral Rule’s goals are to lower barriers to price competition in the funeral goods and services market and to facilitate informed consumer choice.2 The Rule helps to achieve these goals by ensuring that: (1) consumers have access to sufficient information to permit them to make informed decisions; (2) consumers are not required to purchase goods and services they do not want and are not required to purchase by law; and (3) misrepresentations are not used to influence consumers’ decisions.3 Among other things, the Rule specifies it is an unfair or deceptive act or practice for a funeral provider to: (1) fail to furnish accurate price information to the purchaser disclosing the cost for each of the specific funeral goods or services used in connection with the disposition of deceased human remains; 4 (2) condition the furnishing of any funeral good or funeral service upon the purchase of any other funeral good or funeral service, or charge a fee as a condition for furnishing any goods or services (e.g., a ‘‘casket handling’’ fee 1 Portions of the Rule became effective on January 1, 1984, and others became effective on April 30, 1984. See 48 FR 45537, 45538 (Oct. 6, 1983); 49 FR 564 (Jan. 5, 1984). Several funeral providers challenged the Rule, but it was upheld by the Fourth Circuit. Harry and Bryant Co. v. FTC, 726 F.2d 993 (4th Cir. 1984), cert. denied, 469 U.S. 820 (1984). The Rule was amended on July 19, 1994 (59 FR 1592 (Jan. 11, 1994)), and the Third Circuit upheld the amended Rule following a challenge. See Pennsylvania Funeral Directors Ass’n, Inc. v. FTC, 41 F.3d 81, 83 (3rd Cir. 1994). On March 14, 2008, the Commission completed a regulatory review and concluded the Rule was still needed and should be retained. See 73 FR 13740, 13742 (Mar. 14, 2008). 2 See Original Funeral Rule Statement of Basis and Purpose, 47 FR 42260, 42260 (Sept. 24, 1982). 3 See id. 4 16 CFR 453.2(a). PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 33011 to consumers who provide their own casket); 5 or (3) embalm the deceased for a fee without authorization when embalming is not required by law.6 The Rule also specifies it is an unfair or deceptive act or practice for a funeral provider to misrepresent certain legal or cemetery requirements, including those for embalming, caskets or burial containers, or any other funeral good or service.7 The Rule sets forth preventative requirements in the form of itemized price and information disclosures to ensure funeral providers do not engage in the unfair or deceptive acts or practices described in the foregoing paragraph. First, the Rule requires funeral providers to provide persons inquiring in-person about funeral goods or services with a GPL, which lists the goods and services they offer and their itemized prices, along with specific disclosures.8 Second, the Rule requires funeral providers to show persons inquiring in-person a Casket Price List (‘‘CPL’’) identifying the caskets and alternative containers they offer, and an Outer Burial Container Price List (‘‘OBCPL’’) listing the vaults and grave liners they offer, along with specific disclosures.9 Third, funeral providers are required to tell persons ‘‘who ask by telephone about the funeral provider’s offerings or prices . . . any accurate information’’ from the GPL, CPL, or OBCPL, ‘‘and any other readily available information that reasonably answers the question.’’ 10 Fourth, the Rule requires that, at the conclusion of the discussion of arrangements, funeral providers provide consumers with an itemized statement showing all the items selected by the customer and the itemized and total costs for those goods and services, along with other specific disclosures.11 On February 14, 2020, the Commission initiated a review of the Rule as part of its periodic review of its rules and guides, and solicited comments on, among other issues, the continued usefulness of the Rule.12 In response to its request for comments, the Commission received 785 comments from a diverse group of respondents. Most commenters supported the retention of the Rule, with many 5 16 CFR 453.4(b)(1). CFR 453.5(a). 7 See 16 CFR 453.3–453.5 (listing additional unfair or deceptive acts or practices and preventative requirements). 8 16 CFR. 453.2(b)(4). 9 16 CFR 453.2(b)(2)–(3). 10 16 CFR 453.2(b)(1). 11 16 CFR 453.2(b)(5). 12 85 FR 8490 (Feb. 14, 2020). 6 16 E:\FR\FM\23MYP1.SGM 23MYP1 33012 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules commenters proposing changes to its requirements. On November 2, 2022, the Commission published an advance notice of proposed rulemaking (‘‘ANPR’’) in the Federal Register, announcing the Commission was considering several potential amendments to the Rule.13 The Commission sought comment about seven topic areas: (1) whether and how funeral providers should be required to display or distribute their price information online or through electronic media; (2) whether funeral providers should be required to disclose third party crematory or other fees on the GPL; (3) whether the Rule’s requirements regarding reduced basic services fees should be amended; (4) whether the Rule should be amended to account for new forms of disposition of human remains; (5) whether the Rule’s embalming disclosure requirements should be amended; (6) whether the Rule should be changed to improve the readability of the price lists; and (7) whether changes should be made to the Rule to avoid negatively impacting underserved communities.14 The comment period, as extended, closed on January 17, 2023.15 In response to the ANPR, the Commission received over 663 comments, including comments from consumers, consumer advocates, funeral homes, and industry advocates. II. Issues for Discussion at the Workshop lotter on DSK11XQN23PROD with PROPOSALS1 As part of its rulemaking, the FTC is hosting an in-person public workshop to seek information about the potential amendments described in the 2022 ANPR. The workshop may cover such topics as: (1) Online or electronic disclosures of price information; (2) New forms of disposition of human remains; and (3) The GPL, including the readability of the GPL, the Rule’s embalming disclosure requirement and other mandatory disclosures, whether thirdparty crematory fees and other thirdparty fees should be disclosed in the GPL, and whether funeral providers should be required or permitted to give out GPLs in languages other than English in any circumstances. 13 87 FR 66096 (Nov. 2, 2022). id. at 66111–14. 15 See Press Release, FTC, FTC Extends Public Comment Period on Potential Funeral Rule Changes to January 17, 2023 (Dec. 21, 2022), https:// www.ftc.gov/news-events/news/press-releases/2022/ 12/ftc-extends-public-comment-period-potentialfuneral-rule-changes-january-17-2023. 14 See VerDate Sep<11>2014 16:36 May 22, 2023 Jkt 259001 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 in-person workshop, which is free and open to the public, will be conducted in a roundtable format and will be held at the Constitution Center, 400 7th Street SW, Washington, DC 20024. 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. The workshop will also be available for viewing via live webcast on the FTC’s website at https://www.ftc.gov/newsevents/events/2023/09/funeral-ruleworkshop. A court reporter will be present to record the proceedings so a transcription can be made for the public record. This event may also 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 https://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 one or more 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 June 19, 2023, as explained in Section IV below. Persons selected as panelists will be notified on or before August 16, 2023. 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 their participation in 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 issues discussed at the workshop, such comments should be filed as prescribed in Section IV of this PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 document and must be received on or before October 10, 2023. The Commission invites comments only on the specific issues discussed at the workshop. IV. Filing Comments and Requests To Participate as a Panelist You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 10, 2023. Write ‘‘Funeral Rule Workshop, Project No. P034410’’ on your comment. Your comment— including your name and your state— will be placed on the public record of this proceeding, including, to the extent practicable, on the publicly available website, https://www.regulations.gov. 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 overnight service. To make sure the Commission considers your online comment, you must file it through the https://www.regulations.gov website by following the instructions on the web-based form provided. Because your comment will be placed on the public record, you are solely responsible for making sure 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 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 E:\FR\FM\23MYP1.SGM 23MYP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules and legal basis for the request and must identify the specific portions of the comments to be withheld from the public record.16 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 https:// www.regulations.gov website, we cannot redact or remove your comment, 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 funeralrule@ftc.gov, or, if mailed, should be submitted in the manner detailed below. For the Commission to consider your request to participate as a panelist, we must receive it by June 19, 2023. 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 FTC staff to notify them if they are selected. If you file request to participate on paper, write ‘‘Funeral Rule Workshop, Project No. P034410’’ on your request to participate, and on the envelope, and mail your request to participate to the Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex F), Washington, DC 20580. If possible, submit your request to participate to the Commission by overnight service. Visit the Commission website at https://www.ftc.gov to read this document and the news release describing it. The FTC Act and other laws 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 it receives on or before October 10, 2023. The Commission will consider all timely requests to participate as a panelist in the workshop it receives by June 19, 2023. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacy-policy. By direction of the Commission. April J. Tabor, Secretary. [FR Doc. 2023–10815 Filed 5–22–23; 8:45 am] BILLING CODE 6750–01–P 16 See 16 CFR 4.9(c). VerDate Sep<11>2014 16:36 May 22, 2023 Jkt 259001 DEPARTMENT OF JUSTICE 28 CFR Part 16 [CPCLO Order No. 002–2023] Privacy Act of 1974; Implementation Office of Privacy and Civil Liberties, United States Department of Justice. ACTION: Notice of proposed rulemaking. AGENCY: In the notice section of today’s Federal Register, the Office of Privacy and Civil Liberties (hereinafter OPCL), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records, Data Protection Review Court Records System, JUSTICE/OPCL–001. In this notice of proposed rulemaking, the OPCL proposes to exempt this system of records from certain provisions of the Privacy Act to protect national security and law enforcement sensitive information, preserve judicial independence, and ensure the integrity of adjudicatory records in cases before the Data Protection Review Court (‘‘DPRC’’). For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act. Public comment is invited. SUMMARY: Comments must be received by June 22, 2023. ADDRESSES: You may send comments by any of the following methods: • Email: privacy.compliance@ usdoj.gov. To ensure proper handling, please reference the CPCLO Order No. in the subject line of the message. • Fax: 202–307–0693. • Mail: United States Department of Justice, Office of Privacy and Civil Liberties, ATTN: Privacy Analyst, 145 N St. NE, Washington, DC 20530. All comments sent via regular or express mail will be considered timely if postmarked on the day the comment period closes. To ensure proper handling, please reference the CPCLO Order No. in your correspondence. • Federal eRulemaking Portal: https://www.regulations.gov. When submitting comments electronically, you must include the CPCLO Order No. in the subject box. Please note that the Department is requesting that electronic comments be submitted before midnight Eastern Time on the day the comment period closes because https:// www.regulations.gov terminates the public’s ability to submit comments at that time. Commenters in time zones DATES: PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 33013 other than Eastern Time may want to consider this so that their electronic comments are received. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at https://www.regulations.gov and in the Department’s public docket. Such information includes personally identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ‘‘PERSONALLY IDENTIFIABLE INFORMATION’’ in the first paragraph of your comment. You must also place all personally identifiable information that you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted online or made available in the public docket. Personally identifiable information and confidential business information identified and located as set forth above will be redacted and the comment, in redacted form, may be posted online and placed in the Department’s public docket file. Please note that the Freedom of Information Act applies to all comments received. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Katherine Harman-Stokes, Director (Acting), Office of Privacy and Civil Liberties, U.S. Department of Justice, Two Constitution Square, 145 N St. NE, Suite 8W–300, Washington, DC 20530; email: privacy.compliance@usdoj.gov; telephone: (202) 514–0208; facsimile: (202) 307–0693. SUPPLEMENTARY INFORMATION: E:\FR\FM\23MYP1.SGM 23MYP1

Agencies

[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33011-33013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10815]


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FEDERAL TRADE COMMISSION

16 CFR Part 453

RIN 3084-AB55


Public Workshop Examining Potential Amendments to the Funeral 
Rule

AGENCY: Federal Trade Commission.

ACTION: Public workshop; request for public comment.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will 
hold an in-person public workshop relating to its November 2, 2022, 
advance notice of proposed rulemaking (``2022 ANPR'') on the Trade 
Regulation Rule entitled the ``Funeral Industry Practices Rule'' 
(``Funeral Rule'' or ``Rule''). The workshop will explore issues 
relating to the Funeral Rule's General Price List (``GPL'') 
requirements, including whether and how funeral providers should be 
required to provide price lists electronically or online, and other 
issues raised in the comments received in response to the 2022 ANPR.

DATES: The public workshop will be held on September 7, 2023, from 9:30 
a.m. until 3:30 p.m. at the Constitution Center Conference Center, 
located at 400 7th Street SW, Washington, DC 20024. The workshop will 
also be available for viewing via live webcast. Requests to participate 
as a panelist must be received by June 19, 2023. Any written comments 
related to the issues discussed at the workshop must be received by 
October 10, 2023.

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 as a 
Panelist part (Section IV) of the SUPPLEMENTARY INFORMATION section 
below. Write ``Funeral Rule Workshop, Project No. P034410'' on your 
comment or request to participate as a panelist. File your comment 
through https://www.regulations.gov. 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, write ``Funeral Rule 
Workshop, Project No. P034410'' on your comment or request to 
participate, and on the envelope, and mail your comment or request to 
participate to the Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex F), Washington, DC 
20580.

FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2662; and 
Samantha Denny, Midwest Region, Federal Trade Commission, 230 S. 
Dearborn, Suite 3030, Chicago, IL 60604, (312) 960-5623.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Commission issued the Funeral Rule on September 24, 1982, and 
it became fully effective on April 30, 1984.\1\ The Funeral Rule's 
goals are to lower barriers to price competition in the funeral goods 
and services market and to facilitate informed consumer choice.\2\ The 
Rule helps to achieve these goals by ensuring that: (1) consumers have 
access to sufficient information to permit them to make informed 
decisions; (2) consumers are not required to purchase goods and 
services they do not want and are not required to purchase by law; and 
(3) misrepresentations are not used to influence consumers' 
decisions.\3\
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    \1\ Portions of the Rule became effective on January 1, 1984, 
and others became effective on April 30, 1984. See 48 FR 45537, 
45538 (Oct. 6, 1983); 49 FR 564 (Jan. 5, 1984). Several funeral 
providers challenged the Rule, but it was upheld by the Fourth 
Circuit. Harry and Bryant Co. v. FTC, 726 F.2d 993 (4th Cir. 1984), 
cert. denied, 469 U.S. 820 (1984). The Rule was amended on July 19, 
1994 (59 FR 1592 (Jan. 11, 1994)), and the Third Circuit upheld the 
amended Rule following a challenge. See Pennsylvania Funeral 
Directors Ass'n, Inc. v. FTC, 41 F.3d 81, 83 (3rd Cir. 1994). On 
March 14, 2008, the Commission completed a regulatory review and 
concluded the Rule was still needed and should be retained. See 73 
FR 13740, 13742 (Mar. 14, 2008).
    \2\ See Original Funeral Rule Statement of Basis and Purpose, 47 
FR 42260, 42260 (Sept. 24, 1982).
    \3\ See id.
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    Among other things, the Rule specifies it is an unfair or deceptive 
act or practice for a funeral provider to: (1) fail to furnish accurate 
price information to the purchaser disclosing the cost for each of the 
specific funeral goods or services used in connection with the 
disposition of deceased human remains; \4\ (2) condition the furnishing 
of any funeral good or funeral service upon the purchase of any other 
funeral good or funeral service, or charge a fee as a condition for 
furnishing any goods or services (e.g., a ``casket handling'' fee to 
consumers who provide their own casket); \5\ or (3) embalm the deceased 
for a fee without authorization when embalming is not required by 
law.\6\ The Rule also specifies it is an unfair or deceptive act or 
practice for a funeral provider to misrepresent certain legal or 
cemetery requirements, including those for embalming, caskets or burial 
containers, or any other funeral good or service.\7\
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    \4\ 16 CFR 453.2(a).
    \5\ 16 CFR 453.4(b)(1).
    \6\ 16 CFR 453.5(a).
    \7\ See 16 CFR 453.3-453.5 (listing additional unfair or 
deceptive acts or practices and preventative requirements).
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    The Rule sets forth preventative requirements in the form of 
itemized price and information disclosures to ensure funeral providers 
do not engage in the unfair or deceptive acts or practices described in 
the foregoing paragraph. First, the Rule requires funeral providers to 
provide persons inquiring in-person about funeral goods or services 
with a GPL, which lists the goods and services they offer and their 
itemized prices, along with specific disclosures.\8\ Second, the Rule 
requires funeral providers to show persons inquiring in-person a Casket 
Price List (``CPL'') identifying the caskets and alternative containers 
they offer, and an Outer Burial Container Price List (``OBCPL'') 
listing the vaults and grave liners they offer, along with specific 
disclosures.\9\ Third, funeral providers are required to tell persons 
``who ask by telephone about the funeral provider's offerings or prices 
. . . any accurate information'' from the GPL, CPL, or OBCPL, ``and any 
other readily available information that reasonably answers the 
question.'' \10\ Fourth, the Rule requires that, at the conclusion of 
the discussion of arrangements, funeral providers provide consumers 
with an itemized statement showing all the items selected by the 
customer and the itemized and total costs for those goods and services, 
along with other specific disclosures.\11\
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    \8\ 16 CFR. 453.2(b)(4).
    \9\ 16 CFR 453.2(b)(2)-(3).
    \10\ 16 CFR 453.2(b)(1).
    \11\ 16 CFR 453.2(b)(5).
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    On February 14, 2020, the Commission initiated a review of the Rule 
as part of its periodic review of its rules and guides, and solicited 
comments on, among other issues, the continued usefulness of the 
Rule.\12\ In response to its request for comments, the Commission 
received 785 comments from a diverse group of respondents. Most 
commenters supported the retention of the Rule, with many

[[Page 33012]]

commenters proposing changes to its requirements.
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    \12\ 85 FR 8490 (Feb. 14, 2020).
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    On November 2, 2022, the Commission published an advance notice of 
proposed rulemaking (``ANPR'') in the Federal Register, announcing the 
Commission was considering several potential amendments to the 
Rule.\13\ The Commission sought comment about seven topic areas: (1) 
whether and how funeral providers should be required to display or 
distribute their price information online or through electronic media; 
(2) whether funeral providers should be required to disclose third 
party crematory or other fees on the GPL; (3) whether the Rule's 
requirements regarding reduced basic services fees should be amended; 
(4) whether the Rule should be amended to account for new forms of 
disposition of human remains; (5) whether the Rule's embalming 
disclosure requirements should be amended; (6) whether the Rule should 
be changed to improve the readability of the price lists; and (7) 
whether changes should be made to the Rule to avoid negatively 
impacting underserved communities.\14\ The comment period, as extended, 
closed on January 17, 2023.\15\ In response to the ANPR, the Commission 
received over 663 comments, including comments from consumers, consumer 
advocates, funeral homes, and industry advocates.
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    \13\ 87 FR 66096 (Nov. 2, 2022).
    \14\ See id. at 66111-14.
    \15\ See Press Release, FTC, FTC Extends Public Comment Period 
on Potential Funeral Rule Changes to January 17, 2023 (Dec. 21, 
2022), https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-extends-public-comment-period-potential-funeral-rule-changes-january-17-2023.
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II. Issues for Discussion at the Workshop

    As part of its rulemaking, the FTC is hosting an in-person public 
workshop to seek information about the potential amendments described 
in the 2022 ANPR. The workshop may cover such topics as:
    (1) Online or electronic disclosures of price information;
    (2) New forms of disposition of human remains; and
    (3) The GPL, including the readability of the GPL, the Rule's 
embalming disclosure requirement and other mandatory disclosures, 
whether third-party crematory fees and other third-party fees should be 
disclosed in the GPL, and whether funeral providers should be required 
or permitted to give out GPLs in languages other than English in any 
circumstances.
    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 in-person workshop, which is free and open to the public, will 
be conducted in a roundtable format and will be held at the 
Constitution Center, 400 7th Street SW, Washington, DC 20024. 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. The 
workshop will also be available for viewing via live webcast on the 
FTC's website at https://www.ftc.gov/news-events/events/2023/09/funeral-rule-workshop.
    A court reporter will be present to record the proceedings so a 
transcription can be made for the public record. This event may also 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 https://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 one or more 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 June 19, 2023, as explained in Section IV below. Persons 
selected as panelists will be notified on or before August 16, 2023.
    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 their participation in 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 issues discussed at the workshop, such comments should 
be filed as prescribed in Section IV of this document and must be 
received on or before October 10, 2023. The Commission invites comments 
only on the specific issues discussed at the workshop.

IV. Filing Comments and Requests To Participate as a Panelist

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 10, 
2023. Write ``Funeral Rule Workshop, Project No. P034410'' on your 
comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the publicly available website, https://www.regulations.gov.
    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 overnight 
service. To make sure the Commission considers your online comment, you 
must file it through the https://www.regulations.gov website by 
following the instructions on the web-based form provided.
    Because your comment will be placed on the public record, you are 
solely responsible for making sure 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 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

[[Page 33013]]

and legal basis for the request and must identify the specific portions 
of the comments to be withheld from the public record.\16\ 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 https://www.regulations.gov website, we 
cannot redact or remove your comment, 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.
---------------------------------------------------------------------------

    \16\ See 16 CFR 4.9(c).
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    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. For the Commission to 
consider your request to participate as a panelist, we must receive it 
by June 19, 2023. 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 FTC staff to notify them if they are selected.
    If you file request to participate on paper, write ``Funeral Rule 
Workshop, Project No. P034410'' on your request to participate, and on 
the envelope, and mail your request to participate to the Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex F), Washington, DC 20580. If possible, submit your 
request to participate to the Commission by overnight service.
    Visit the Commission website at https://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
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 it receives on or 
before October 10, 2023. The Commission will consider all timely 
requests to participate as a panelist in the workshop it receives by 
June 19, 2023. 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.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-10815 Filed 5-22-23; 8:45 am]
BILLING CODE 6750-01-P
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