Federal Trade Commission 2023 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for the Contact Lens Rule (the Rule). The current clearance expires on December 31, 2023.
Care Labeling Rule
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission terminates the Care Labeling Rule review.
Negative Option Rule
The Federal Trade Commission (``FTC'' or ``Commission'') has proposed amendments to the ``Rule Concerning the Use of Prenotification Negative Option Plans,'' to be retitled the ``Rule Concerning Subscriptions and Other Negative Option Plans'' (``Negative Option Rule'' or ``Rule''). The proposed changes are calculated to combat unfair or deceptive business practices, including recurring charges for products or services consumers do not want and cannot cancel without undue difficulty. In response to the notice of proposed rulemaking, several commenters requested an informal hearing. The informal hearing will be conducted virtually on January 16, 2024, at 10 a.m. Eastern, and the Commission's Chief Presiding Officer, the Chair, has appointed Administrative Law Judge for the Securities and Exchange Commission, the Honorable Carol Fox Foelak, to serve as the presiding officer of the informal hearing.
ExotoUSA LLC-Old Southern Brass; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the clearance from the Office of Management and Budget (``OMB'') for information collection requirements in the Energy Labeling Rule (``Rule''). That clearance expires on February 29, 2024.
Regulatory Review Schedule
As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces an updated ten- year regulatory review schedule. No Commission determination on the need for, or the substance of, the rules and guides listed below should be inferred from this notification.
Standards for Safeguarding Customer Information
The Federal Trade Commission (``FTC'' or ``Commission'') is issuing a final rule (``Final Rule'') to amend the Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule'') to require financial institutions to report to the Commission any notification event where unencrypted customer information involving 500 or more consumers is acquired without authorization.
Horseracing Integrity and Safety Authority (HISA) Proposed 2024 Budget
The Federal Trade Commission (``FTC'' or ``Commission'') publishes the 2024 proposed budget of the Horseracing Integrity and Safety Authority and seeks public comment on whether the Commission should approve, disapprove, or modify the proposed budget.
Trade Regulation Rule on Unfair or Deceptive Fees
The Federal Trade Commission commences a rulemaking to promulgate a trade regulation rule entitled ``Rule on Unfair or Deceptive Fees,'' which would prohibit unfair or deceptive practices relating to fees for goods or services, specifically, misrepresenting the total costs of goods and services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees. The Commission finds these unfair or deceptive practices relating to fees to be prevalent based on prior enforcement, the comments it received in response to an advance notice of proposed rulemaking, and other information discussed in this proposal. The Commission now solicits written comment, data, and arguments concerning the utility and scope of the trade regulation rule proposed in this notice of proposed rulemaking to prevent the identified unfair or deceptive practices.
Senior Executive Service Performance Review Board
Notice is hereby given of the appointment of members to the FTC Performance Review Board.
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles
As part of the Commission's systematic review of all FTC rules and guides, the Federal Trade Commission (``FTC'' or ``Commission'') seeks public comment on the overall costs, benefits, necessity, and regulatory and economic impact of its Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles (``Alternative Fuels Rule'' or ``Rule'').
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in the Privacy of Consumer Financial Information Rule (Privacy Rule or Rule). This clearance expires on January 31, 2024.
HISA Proposed Budget
The Federal Trade Commission (``FTC'' or ``Commission'') publishes the 2023 proposed budget of the Horseracing Integrity and Safety Authority and seeks public comment on whether the Commission should approve, disapprove, or modify the proposed budget.
Petition for Rulemaking of the U.S. Chamber of Commerce
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from the U.S. Chamber of Commerce. This petition requests to amend the Commission's rule regarding the disqualification of Commissioners. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
Horseracing Integrity and Safety Authority Anti-Doping and Medication Control Rule Modification
As required by the Horseracing Integrity and Safety Act of 2020, the Federal Trade Commission (``FTC'' or ``Commission'') publishes a proposed rule modification related to the equine Anti- Doping and Medication Control Program of the Horseracing Integrity and Safety Authority (``HISA'' or the ``Authority''). Specifically, the proposed rule modification would designate iron dextran as a banned substance and thereby prohibit its use. This publication contains the Authority's proposed rule's text and explanation, and it seeks public comment on whether the Commission should approve the proposed rule.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its Fuel Rating Rule (the Rule). The current clearance expires on September 30, 2023.
Amgen Inc. and Horizon Therapeutics plc; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Intercontinental Exchange, Inc. and Black Knight, Inc.; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's trade regulation rule entitled ``Use of Prenotification Negative Option Plans'' (``Negative Option Rule'' or ``Rule''). That clearance expires on January 31, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in the Trade Regulation Rule entitled Labeling and Advertising of Home Insulation (``R-value Rule'' or ``Rule''). That clearance expires on March 31, 2024.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Fair Packaging and Labeling Act regulations (``FPLA Rules''). That clearance expires on March 31, 2024.
EQT and Quantum; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Telemarketing Sales Rule Fees
The Federal Trade Commission (``Commission'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (``Registry'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.
Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products
The Federal Trade Commission (``FTC'' or ``Commission'') seeks public comment on proposed amendments to the Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products (``Amplifier Rule'' or ``Rule''). The proposed amendments modify the previous proposal by updating a required test condition (total harmonic distortion), improving differentiation between power output disclosures that comply with the Rule's testing methods and those that do not, and modernizing as well as clarifying Rule language considering the foregoing modifications. Additionally, the proposed amendments now formalize prior Commission guidance on applying the Rule to multichannel amplifiers.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in its Contact Lens Rule (or Rule). That clearance expires on October 31, 2023.
Premerger Notification; Reporting and Waiting Period Requirements
The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its notice of proposed rulemaking (``NPRM'') regarding the Premerger Notification; Reporting and Waiting Period Requirements.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's Business Opportunity Rule (``Rule''). That clearance expires on January 31, 2024.
Trade Regulation Rule on the Use of Consumer Reviews and Testimonials
The Federal Trade Commission (``FTC or ``Commission'') commences a rulemaking to promulgate a trade regulation rule entitled ``Rule on the Use of Consumer Reviews and Testimonials,'' which would prohibit certain specified unfair or deceptive acts or practices involving consumer reviews or testimonials. The Commission finds such practices to be prevalent based on the comments it received in response to an advance notice of proposed rulemaking and other information discussed in this publication. The Commission now solicits written comment, data, and arguments concerning the utility and scope of the proposed trade regulation rule to prohibit the specified unfair or deceptive acts or practices.
Horseracing Integrity and Safety Authority Enforcement Rule Modification
The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and proposed rule modifications take effect only if approved by the Federal Trade Commission. The Authority submitted to the Commission a proposed rule modification on Enforcement on May 31, 2023. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule modification's text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule modification.
Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992
On March 12, 1997, the Federal Trade Commission initiated a review of the effectiveness of its Pay-Per-Call Rule. The Commission sought comment on whether to expand the scope of this rule to cover audio information and entertainment services accessed by dialing telephone numbers that begin with numbers other than ``900.'' After receiving a small number of comments in favor of this approach, the Commission published a notice of proposed rulemaking to revise this rule on October 30, 1998. While comments received during this review were supportive, technological changes have muted the impact of the proposed revisions and the Commission is withdrawing this proposed rulemaking.
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission (``FTC'' or ``Commission'') is adopting revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Guides''). The revised Guides include additional changes not incorporated in the proposed revisions published for public comment on July 26, 2022.
Children's Online Privacy Protection Rule Proposed Parental Consent Method; Application of the ESRB Group for Approval of Parental Consent Method
The Federal Trade Commission (FTC or Commission) requests public comment concerning the proposed parental consent method submitted by the Entertainment Software Rating Board, Yoti Ltd. and Yoti (USA) Inc., and SuperAwesome Ltd. (``the ESRB group''), under the Voluntary Commission Approval Processes provision of the Children's Online Privacy Protection Rule.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the current Paperwork Reduction Act clearance to participate in the Office of Management and Budget program ``Generic Clearance for the Collection of Qualitative Feedback on Service Delivery.'' The current clearance expires on July 31, 2023.
Chaucer/Bates Accessories; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements in its Trade Regulation Rule on Disclosure Requirements and Prohibitions Concerning Franchising (``Franchise Rule'' or ``Rule''). That clearance expires on November 30, 2023.
Rules of Practice
The Commission is amending its rules of practice to reflect the creation of the agency's new Office of Technology. The Commission is also amending, its rules of practice for adjudicative proceedings so that administrative law judges presiding over an administrative hearing render a ``recommended'' decision rather than an ``initial'' decision. Additionally, the Commission is amending its rules of practice to reflect new procedures for making Touhy and Privacy Act requests. Finally, the Commission is amending certain provisions in its rules of practice to fix misspellings and cross-references and make other ministerial changes.
Premerger Notification; Reporting and Waiting Period Requirements
Pursuant to Section 7A(d) of the Clayton Act, the Federal Trade Commission (``FTC'' or ``Commission'') is proposing amendments to the premerger notification rules (``the Rules'') that implement the Hart-Scott-Rodino Antitrust Improvements Act (``the Act'' or ``HSR'') and to the Premerger Notification and Report Form (the ``Form'') and Instructions (``Instructions''). These proposed changes would result in a redesign of the premerger notification process through both a reorganization of the information currently required and the addition of new information and document requirements. In addition, these changes would implement the Merger Filing Fee Modernization Act of 2022. The proposed amendments would involve changes to both the Rules and the Instructions, and the Commission proposes explanatory and ministerial changes to the Rules as well as necessary amendments to the Instructions to effect the proposed changes.
Vitagene, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Petition for Rulemaking of Matt Liistro and 124 Other Individuals
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Matt Liistro and 124 other individuals and has published that petition online at https://www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
FTC Collaboration Act of 2021 Study
The FTC Collaboration Act of 2021 directs the Federal Trade Commission (``FTC'' or ``Commission'') to ``provide opportunity for public comment and advice'' relevant to the production of a study concerning certain specified topics related to ``efforts with State Attorneys General to prevent, publicize, and penalize frauds and scams being perpetrated on individuals in the United States.'' The Commission is soliciting written comments from interested persons, entities, and organizations on one or more of the topics described in the SUPPLEMENTARY INFORMATION section below.
Health Breach Notification Rule
The Federal Trade Commission (``FTC'' or ``Commission'') proposes to amend the Commission's Health Breach Notification Rule (the ``HBN Rule'' or the ``Rule'') and requests public comment on the proposed changes. The HBN Rule requires vendors of personal health records (``PHRs'') and related entities that are not covered by the Health Insurance Portability and Accountability Act (``HIPAA'') to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data.
Petition for Rulemaking of National Association of Consumer Advocates, Consumer Federation of America, Center for Responsible Lending, Consumers for Auto Reliability and Safety, National Consumer Law Center, and U.S. PIRG
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from the National Association of Consumer Advocates, Consumer Federation of America, Center for Responsible Lending, Consumers for Auto Reliability and Safety, National Consumer Law Center, and U.S. PIRG, and has published that petition online at https://www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
Public Workshop Examining Potential Amendments to the Funeral Rule
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.
Horseracing Integrity and Safety Act: Anti-Doping and Medication Control Rule
The Federal Trade Commission modifies the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Rule by extending its date of effectiveness until May 22, 2023.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements in its Informal Dispute Settlement Procedures Rule (``the Dispute Settlement Rule'' or ``the Rule''). The current clearance expires on July 31, 2023.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in its Fuel Rating Rule (the Rule). The current clearance expires on September 30, 2023.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its Rule Governing Pre- Sale Availability of Written Warranty Terms. The current clearance expires on May 31, 2023.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for the information collection requirements of its Fair Credit Reporting Risk-Based Pricing Regulations (``Risk-Based Pricing Rule'' or ``Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the risk-based pricing provisions (Subpart H) of the CFPB's Regulation V regarding other entities. That clearance expires on September 30, 2023.
Negative Option Rule
The Federal Trade Commission (``FTC'' or ``Commission'') seeks public comment on proposed amendments to the Commission's Negative Option Rule (or ``Rule'') to combat unfair or deceptive practices that include recurring charges for products or services consumers do not want and cannot cancel without undue difficulty.
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