Combating Auto Retail Scams Trade Regulation Rule, 13267-13268 [2024-03559]
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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations
(h) Exceptions to EASA AD 2021–0125R1
FEDERAL TRADE COMMISSION
(1) Where EASA AD 2021–0125R1 refers to
May 11, 2021 (the effective date of EASA
Emergency AD 2021–0125–E, dated May 7,
2021), this AD requires using June 30, 2021
(the effective date of AD 2021–13–07).
(2) This AD does not adopt the Remarks
paragraph of EASA AD 2021–0125R1.
(i) Alternative Methods of Compliance
(AMOCs)
(j) Additional Information
For more information about this AD,
contact Barbara Caufield, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (781) 238–
7146; email: barbara.caufield@faa.gov.
(k) Material Incorporated by Reference
lotter on DSK11XQN23PROD with RULES1
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0125R1, dated January 30,
2023.
(ii) [Reserved]
(3) For EASA AD 2021–0125R1, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at FAA, Airworthiness Products Section,
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ibr-locations or email fr.inspection@nara.gov.
Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
BILLING CODE 4910–13–P
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15:55 Feb 21, 2024
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RIN 3084–AB72
Combating Auto Retail Scams Trade
Regulation Rule
Federal Trade Commission.
Final rule; delay of effective
AGENCY:
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j) of this AD and
email to ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
[FR Doc. 2024–03562 Filed 2–21–24; 8:45 am]
16 CFR Part 463
ACTION:
date.
On January 4, 2024, the
Federal Trade Commission (‘‘FTC’’ or
‘‘Commission’’) published a Final Rule
in the Federal Register, titled
‘‘Combating Auto Retail Scams Trade
Regulation Rule’’ (‘‘CARS Rule,’’
‘‘Rule,’’ or ‘‘Final Rule’’), in order to
curtail certain unfair or deceptive acts
or practices by motor vehicle dealers.
The CARS Rule was to become effective
on July 30, 2024. Because of a pending
legal challenge, this document
announces that the effective date of the
Final Rule is delayed until further
notice.
SUMMARY:
The effective date of the final
rule adding 16 CFR part 463, published
at 89 FR 590, January 4, 2024, is delayed
indefinitely. The FTC will publish a
subsequent notification in the Federal
Register announcing the CARS Rule’s
effective date.
DATES:
FOR FURTHER INFORMATION CONTACT:
Daniel Dwyer or Sanya Shahrasbi,
Division of Financial Practices, Bureau
of Consumer Protection, Federal Trade
Commission, 202–326–2957 (Dwyer),
202–326–2709 (Shahrasbi), ddwyer@
ftc.gov, sshahrasbi@ftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background 1
On January 4, 2024, the Commission
published a Final Rule in the Federal
Register, titled ‘‘Combating Auto Retail
Scams Trade Regulation Rule,’’ to
curtail certain unfair or deceptive acts
or practices by motor vehicle dealers.
See 89 FR 590 (Jan. 4, 2024).2 The CARS
1 This section is substantively identical to the
order that the Commission issued on January 18,
2024. See Order Postponing Effective Date of Final
Rule Pending Judicial Review, In re Combating
Auto Retail Scams Trade Regulation Rule, No.
P204800 (Jan. 18, 2024), https://www.ftc.gov/
system/files/ftc_gov/pdf/P204800CARS
ExtensionOrder.pdf.
2 In accordance with its rulemaking authority
under 12 U.S.C. 5519(d), the Commission
promulgated the CARS Rule pursuant to 15 U.S.C.
45 and 57a(a)(1)(B) and 5 U.S.C. 553. 12 U.S.C.
5519(f)(1) and (f)(2) contain the pertinent
definitions of ‘‘motor vehicle’’ and ‘‘motor vehicle
dealer,’’ and the Rule applies only to a ‘‘covered’’
subset. See 89 FR 590, 693–94 (Jan. 4, 2024) (to be
codified at 16 CFR 462.3(e) through (f)).
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13267
Rule was to become effective on July 30,
2024.
On or about January 5, 2024, the
National Automobile Dealers
Association and the Texas Automobile
Dealers Association (‘‘Petitioners’’) filed
a Petition for Review (‘‘PFR’’) in the
United States Court of Appeals for the
Fifth Circuit. Nat’l Auto. Dealers Ass’n
v. FTC, No. 24–60013 (5th Cir. filed Jan.
5, 2024). On January 8, 2024, the
Petitioners filed a motion with the Fifth
Circuit seeking a stay of the Rule and
expedited consideration of their PFR.
Although Petitioners did not seek a stay
from the Commission in the first
instance as required by Rule 18(a)(1) of
the Federal Rules of Appellate
Procedure, the Commission has
nonetheless reviewed Petitioners’
motion, construing it as though it were
a stay request submitted under
Commission Rule 4.2(d), 16 CFR 4.2(d).
The Administrative Procedure Act
(‘‘APA’’) provides, in relevant part, that
‘‘[w]hen an agency finds that justice so
requires, it may postpone the effective
date of action taken by it, pending
judicial review.’’ See 5 U.S.C. 705. The
Commission believes the Rule will
provide consumers with critical
protections from auto retail scams,
Petitioners’ challenges to the Rule lack
merit, and undue delay in the Rule’s
effective date will harm consumers and
honest businesses. Petitioners’
arguments for a stay rest on
mischaracterizations of what the Rule
requires of covered motor vehicle
dealers, including inaccurate claims that
the Rule will require dealers to overhaul
their practices and will substantially
increase compliance costs. In fact, the
Rule does not impose substantial costs,
if any, on dealers that presently comply
with the law, and to the extent there are
costs, those are outweighed by the
benefits to consumers, to law-abiding
dealers, and to fair competition—
because honest dealers will no longer be
at a competitive disadvantage relative to
dishonest dealers. Nonetheless,
Petitioners have created uncertainty
through their assertions and suggestions
that legally compliant dealers must
make unnecessary changes to satisfy
Petitioners’ misunderstandings of the
Rule. Additionally, Petitioners are
seeking expedited consideration of the
PFR, and, if that request is granted, the
stay of the effective date should not
postpone implementation of the Rule by
more than a few months, if at all.
Balancing the equities here, the
Commission has determined it is in the
interests of justice to stay the effective
date of the Rule to allow for judicial
review. Once the PFR’s merits are
resolved, the Commission will publish a
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22FER1
13268
Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations
document in the Federal Register
establishing a new effective date.
FOR FURTHER INFORMATION CONTACT:
II. Administrative Procedure Act
Notice and comment is not required
when an agency delays the effective
date of a rule under section 705 of the
APA because such a stay is not
substantive rulemaking; it merely
maintains the status quo to allow for
judicial review.3
To the extent that a delay in the
effective date may be deemed a rule,
such action is also exempt from notice
and comment as a rule of procedure
under 5 U.S.C. 553(b)(A).4 Alternatively,
the Commission finds, for good cause,
for the reasons stated above, that notice
and solicitation of public comment
regarding the delay of the effective date
for the CARS Rule are impracticable,
unnecessary, or contrary to the public
interest pursuant to 5 U.S.C. 553(b)(B).
Balancing the equities here, the
Commission has determined that it is in
the interests of justice to stay the
effective date of the Rule to allow for
judicial review.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024–03559 Filed 2–21–24; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 14
[Docket No. FDA-2024–N–0017]
Advisory Committee; Digital Health
Advisory Committee; Addition to List
of Standing Committees
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA or Agency) is
amending the standing advisory
committees regulations to add the
establishment of the Digital Health
Advisory Committee (the Committee) to
the list of standing advisory committees.
DATES: This rule is effective February
22, 2024.
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SUMMARY:
3 See Bauer v. DeVos, 325 F. Supp.3d 74, 106–07
(D.D.C. 2018); Sierra Club v. Jackson, 833 F. Supp.
2d 11, 28 (D.D.C. 2012).
4 Because a notice of proposed rulemaking is not
necessary for this delay of effective date, the
Commission is not required to prepare a regulatory
flexibility analysis under the Regulatory Flexibility
Act. See 5 U.S.C. 603(a), 604(a).
VerDate Sep<11>2014
15:55 Feb 21, 2024
Jkt 262001
James Swink, Office of Management,
Center for Devices and Radiological
Health, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 66,
Rm. 5211, Silver Spring, MD 20993,
301–796–6313, James.swink@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: The
Committee was established on October
11, 2023, and notice of establishment
was published in the Federal Register
on October 12, 2023 (88 FR 70679).
The Committee will provide advice to
the Commissioner, or designee, on
complex scientific and technical issues
related to digital health technologies
(DHTs). This also may include advice
on the regulation of DHTs and/or their
use, including use of DHTs in clinical
trials or postmarket studies subject to
FDA regulation. Topics relating to
DHTs, such as artificial intelligence/
machine learning, augmented reality,
virtual reality, digital therapeutics,
wearables, remote patient monitoring,
and software, may be considered by the
Committee. The Committee will advise
the Commissioner on issues related to
DHTs, including, for example, realworld data, real-world evidence,
patient-generated health data,
interoperability, personalized medicine/
genetics, decentralized clinical trials,
use of DHTs in clinical trials for medical
products, cybersecurity, DHT user
experience, and Agency policies and
regulations regarding these
technologies. The Committee will
provide relevant expertise and
perspective to improve Agency
understanding of the benefits, risks, and
clinical outcomes associated with use of
DHTs. The Committee will perform its
duties by providing advice and
recommendations on new approaches to
develop and evaluate DHTs and to
promote innovation of DHTs, as well as
identifying risks, barriers, or unintended
consequences that could result from
proposed or established Agency policy
or regulation for topics related to DHTs.
The Committee shall consist of a core
of nine voting members including the
Chair. Members and the Chair are
selected by the Commissioner or
designee from among authorities
knowledgeable in the fields of digital
health, such as artificial intelligence/
machine learning, augmented reality,
virtual reality, digital therapeutics,
wearables, remote patient monitoring,
software development, user experience,
real-world data, real-world evidence,
patient-generated health data,
interoperability, personalized medicine/
genetics, decentralized clinical trials,
cybersecurity, and implementation in
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Frm 00006
Fmt 4700
Sfmt 4700
clinical practice of and patient
experience with digital health, as well
as other relevant areas. Members will be
invited to serve for overlapping terms of
up to 4 years. Non-Federal members of
this committee will serve either as
special government employees or nonvoting representatives. Federal members
will serve as regular government
employees. The core of voting members
may include one technically qualified
member, selected by the Commissioner
or designee, who serves as an
individual, but who is identified with
consumer interests and is recommended
by either a consortium of consumeroriented organizations or other
interested persons.
The Commissioner or designee shall
also have the authority to select from a
group of individuals nominated by
industry to serve temporarily as nonvoting members who are identified with
and represent industry interests. The
number of temporary members selected
for a particular meeting will depend on
the meeting topic.
The Committee name and function
have been established with the
establishment of the Committee charter.
The change became effective October
11, 2023. Therefore, the Agency is
amending § 14.100 (21 CFR 14.100) to
add the Committee name and function
to its current list as set forth in the
regulatory text of this document.
Under 5 U.S.C. 553(b)(3)(B) and (d)
and 21 CFR 10.40(d) and (e), the Agency
finds good cause to dispense with notice
and public comment procedures and to
proceed to an immediate effective date
on this rule. Notice and public comment
and a delayed effective date are
unnecessary and are not in the public
interest as this final rule merely amends
§ 14.100 to include the name of the
committee and its function that will be
added consistent with the committee
charter.
Therefore, the Agency is amending
§ 14.100 as set forth in the regulatory
text of this document.
List of Subjects in 21 CFR Part 14
Administrative practice and
procedure, Advisory committees, Color
additives, Drugs, Radiation protection.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 14 is
amended as follows:
PART 14—PUBLIC HEARING BEFORE
A PUBLIC ADVISORY COMMITTEE
1. The authority citation for part 14
continues to read as follows:
■
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Agencies
[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Rules and Regulations]
[Pages 13267-13268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03559]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 463
RIN 3084-AB72
Combating Auto Retail Scams Trade Regulation Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: On January 4, 2024, the Federal Trade Commission (``FTC'' or
``Commission'') published a Final Rule in the Federal Register, titled
``Combating Auto Retail Scams Trade Regulation Rule'' (``CARS Rule,''
``Rule,'' or ``Final Rule''), in order to curtail certain unfair or
deceptive acts or practices by motor vehicle dealers. The CARS Rule was
to become effective on July 30, 2024. Because of a pending legal
challenge, this document announces that the effective date of the Final
Rule is delayed until further notice.
DATES: The effective date of the final rule adding 16 CFR part 463,
published at 89 FR 590, January 4, 2024, is delayed indefinitely. The
FTC will publish a subsequent notification in the Federal Register
announcing the CARS Rule's effective date.
FOR FURTHER INFORMATION CONTACT: Daniel Dwyer or Sanya Shahrasbi,
Division of Financial Practices, Bureau of Consumer Protection, Federal
Trade Commission, 202-326-2957 (Dwyer), 202-326-2709 (Shahrasbi),
[email protected], [email protected].
SUPPLEMENTARY INFORMATION:
I. Background 1
---------------------------------------------------------------------------
\1\ This section is substantively identical to the order that
the Commission issued on January 18, 2024. See Order Postponing
Effective Date of Final Rule Pending Judicial Review, In re
Combating Auto Retail Scams Trade Regulation Rule, No. P204800 (Jan.
18, 2024), https://www.ftc.gov/system/files/ftc_gov/pdf/P204800CARSExtensionOrder.pdf.
---------------------------------------------------------------------------
On January 4, 2024, the Commission published a Final Rule in the
Federal Register, titled ``Combating Auto Retail Scams Trade Regulation
Rule,'' to curtail certain unfair or deceptive acts or practices by
motor vehicle dealers. See 89 FR 590 (Jan. 4, 2024).\2\ The CARS Rule
was to become effective on July 30, 2024.
---------------------------------------------------------------------------
\2\ In accordance with its rulemaking authority under 12 U.S.C.
5519(d), the Commission promulgated the CARS Rule pursuant to 15
U.S.C. 45 and 57a(a)(1)(B) and 5 U.S.C. 553. 12 U.S.C. 5519(f)(1)
and (f)(2) contain the pertinent definitions of ``motor vehicle''
and ``motor vehicle dealer,'' and the Rule applies only to a
``covered'' subset. See 89 FR 590, 693-94 (Jan. 4, 2024) (to be
codified at 16 CFR 462.3(e) through (f)).
---------------------------------------------------------------------------
On or about January 5, 2024, the National Automobile Dealers
Association and the Texas Automobile Dealers Association
(``Petitioners'') filed a Petition for Review (``PFR'') in the United
States Court of Appeals for the Fifth Circuit. Nat'l Auto. Dealers
Ass'n v. FTC, No. 24-60013 (5th Cir. filed Jan. 5, 2024). On January 8,
2024, the Petitioners filed a motion with the Fifth Circuit seeking a
stay of the Rule and expedited consideration of their PFR. Although
Petitioners did not seek a stay from the Commission in the first
instance as required by Rule 18(a)(1) of the Federal Rules of Appellate
Procedure, the Commission has nonetheless reviewed Petitioners' motion,
construing it as though it were a stay request submitted under
Commission Rule 4.2(d), 16 CFR 4.2(d).
The Administrative Procedure Act (``APA'') provides, in relevant
part, that ``[w]hen an agency finds that justice so requires, it may
postpone the effective date of action taken by it, pending judicial
review.'' See 5 U.S.C. 705. The Commission believes the Rule will
provide consumers with critical protections from auto retail scams,
Petitioners' challenges to the Rule lack merit, and undue delay in the
Rule's effective date will harm consumers and honest businesses.
Petitioners' arguments for a stay rest on mischaracterizations of what
the Rule requires of covered motor vehicle dealers, including
inaccurate claims that the Rule will require dealers to overhaul their
practices and will substantially increase compliance costs. In fact,
the Rule does not impose substantial costs, if any, on dealers that
presently comply with the law, and to the extent there are costs, those
are outweighed by the benefits to consumers, to law-abiding dealers,
and to fair competition--because honest dealers will no longer be at a
competitive disadvantage relative to dishonest dealers. Nonetheless,
Petitioners have created uncertainty through their assertions and
suggestions that legally compliant dealers must make unnecessary
changes to satisfy Petitioners' misunderstandings of the Rule.
Additionally, Petitioners are seeking expedited consideration of the
PFR, and, if that request is granted, the stay of the effective date
should not postpone implementation of the Rule by more than a few
months, if at all. Balancing the equities here, the Commission has
determined it is in the interests of justice to stay the effective date
of the Rule to allow for judicial review. Once the PFR's merits are
resolved, the Commission will publish a
[[Page 13268]]
document in the Federal Register establishing a new effective date.
II. Administrative Procedure Act
Notice and comment is not required when an agency delays the
effective date of a rule under section 705 of the APA because such a
stay is not substantive rulemaking; it merely maintains the status quo
to allow for judicial review.\3\
---------------------------------------------------------------------------
\3\ See Bauer v. DeVos, 325 F. Supp.3d 74, 106-07 (D.D.C. 2018);
Sierra Club v. Jackson, 833 F. Supp. 2d 11, 28 (D.D.C. 2012).
---------------------------------------------------------------------------
To the extent that a delay in the effective date may be deemed a
rule, such action is also exempt from notice and comment as a rule of
procedure under 5 U.S.C. 553(b)(A).\4\ Alternatively, the Commission
finds, for good cause, for the reasons stated above, that notice and
solicitation of public comment regarding the delay of the effective
date for the CARS Rule are impracticable, unnecessary, or contrary to
the public interest pursuant to 5 U.S.C. 553(b)(B). Balancing the
equities here, the Commission has determined that it is in the
interests of justice to stay the effective date of the Rule to allow
for judicial review.
---------------------------------------------------------------------------
\4\ Because a notice of proposed rulemaking is not necessary for
this delay of effective date, the Commission is not required to
prepare a regulatory flexibility analysis under the Regulatory
Flexibility Act. See 5 U.S.C. 603(a), 604(a).
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024-03559 Filed 2-21-24; 8:45 am]
BILLING CODE 6750-01-P