Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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Premerger Notification; Reporting and Waiting Period Requirements
The Federal Trade Commission (``Commission'' or ``FTC''), with the concurrence of the Assistant Attorney General, Antitrust Division, Department of Justice (the ``Assistant Attorney General'' or the ``Antitrust Division'') (together the ``Agencies''), is amending the Hart-Scott-Rodino Premerger Notification Rules (the ``Rules'') in order to provide a framework for determining when a transaction involving the transfer of rights to a patent or part of a patent in the pharmaceutical, including biologics, and medicine manufacturing industry (North American Industry Classification System Industry Group 3254) (``pharmaceutical industry'') is reportable under the Hart Scott Rodino Act (``the Act,'' ``HSR Act'' or ``HSR''). This final rule defines and applies the concepts of ``all commercially significant rights,'' ``limited manufacturing rights,'' and ``co-rights'' in determining whether the rights transferred with regard to a patent or a part of a patent in the pharmaceutical industry constitute a potentially reportable asset acquisition under the Act.
Agency Information Collection Activities; Proposed Collection; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act (PRA). The FTC seeks public comments on its proposal to extend through February 28, 2017, the current PRA clearance for information collection requirements contained in its Rule Governing Pre-Sale Availability of Written Warranty Terms. That clearance expires on February 28, 2014.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
In compliance with the Paperwork Reduction Act (PRA) of 1995, the FTC is seeking public comments on its request to OMB for a three- year extension of the current PRA clearance for the information collection requirements contained in Regulation N. That clearance expires on November 30, 2013. The FTC's current PRA clearance (OMB Control Number 3084-0156) for Regulation N is under the FTC's Mortgage Acts and PracticesAdvertising Rule, which was republished by the CFPB as Regulation N on December 16, 2011, and became effective December 30, 2011. The Commission rescinded the Mortgage Acts and Practices Advertising Rule on, and effective, April 13, 2012.
Commission Information Collection Requirements Under the Paperwork Reduction Act; OMB Control Numbers
The FTC is codifying the control numbers that have been issued by the Office of Management and Budget (OMB) for information collection requirements in Commission rules that are approved under the Paperwork Reduction Act. Control numbers will be centrally located in a table in our regulations.
Ganley Ford West, Inc.; Timonium Chrysler, Inc.; TRENDnet, Inc.; Pinnacle Entertainment, Inc.; Honeywell International, Inc.; Nielsen Holdings, Inc., et al.; Polypore International, Inc.; Mylan, Inc., et al.; Actavis, Inc., et al.; Agency Information Collection Activities (Consumer Product Warranty Rule, Regulation O, Affiliate Marketing Rule)
The FTC is extending the deadlines by which public comments must be filed in a number of Commission proceedings.
Actavis, Inc. a corporation, and Warner Chilott PLC; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Freedom of Information Act (FOIA); Miscellaneous Rules Redelegation of Authority To Determine Appeals Under the FOIA
The Commission is revising its rules to authorize the General Counsel to redelegate his or her authority to determine appeals related to the Freedom of Information Act (``FOIA''). The Commission is adopting these changes in order to improve and expedite the process for responding to such appeals. The changes will affect internal procedures only and are not intended to influence the outcomes of appeals made under the rules. The Commission is also adding a new provision that explicitly provides the right to appeal fee waiver determinations under the FOIA.
Children's Online Privacy Protection Rule Applications for Approval of Proposed Parental Consent Methods by AssertID, Inc., Imperium LLC, and iVeriFly, Inc.; Application for Approval of Safe Harbor Program by kidSAFE Seal Program
The FTC is extending the deadlines for Commission determination of applications for approval of proposed parental consent methods by AssertID, Inc. (``AssertID''), Imperium LLC (``Imperium''), and iVeriFly, Inc. (``iVeriFly'') pursuant to the Children's Online Privacy Protection Rule. In addition, the FTC is extending the deadline for filing public comments concerning Imperium's application for approval of a parental consent method and the proposed self-regulatory guidelines submitted by the kidSAFE Seal Program (``kidSAFE''), owned and operated by Samet Privacy, LLC, under the safe harbor provision of the Children's Online Privacy Protection Rule.
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC is soliciting public comments on proposed information requests to Patent Assertion Entities (``PAEs'') and other entities asserting patents in the wireless communications sector, including manufacturers and other non-practicing entities and organizations engaged in licensing. For purposes of this notice, PAEs are firms with a business model based primarily on purchasing patents and then attempting to generate revenue by asserting the intellectual property against persons who are already practicing the patented technology.\1\
Mylan, Inc., Agila Specialties Global Pte. Limited, Agila Specialties Private Limited and Strides Arcolab Limited; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Nielsen Holdings N.V., a Corporation and Aribtron Inc., a Corporation; Analysis of Agreement Containing 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft 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
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through February 28, 2017, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its regulation ``Used Motor Vehicle Trade Regulation Rule'' (``Used Car Rule'' or ``Rule''), which applies to used vehicle dealers. That clearance expires on February 28, 2014.
Honeywell International, 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 or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Rules and Regulations Under the Wool Products Labeling Act of 1939
Based on comments received in response to its Advance Notice of Proposed Rulemaking, the Federal Trade Commission (the ``Commission'' or ``FTC'') proposes amending its rules and regulations under the Wool Products Labeling Act of 1939 (``Wool Rules'' or ``Rules'') to: conform to the requirements of the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, which revised the labeling requirements for cashmere and certain other wool products; and align with the proposed amended rules and regulations under the Textile Fiber Products Identification Act (``Textile Rules''). The Commission seeks comment on these proposals and several other issues.
Children's Online Privacy Protection Rule Safe Harbor Proposed Self-Regulatory Guidelines; kidSAFE Seal Program Application for Safe Harbor
The Federal Trade Commission requests public comment concerning the proposed self-regulatory guidelines submitted by the kidSAFE Seal Program (``kidSAFE''), owned and operated by Samet Privacy, LLC, under the safe harbor provision of the Children's Online Privacy Protection Rule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through November 30, 2016, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its Prescreen Opt-Out Notice Rule (``Prescreen Opt-Out Rule'' or ``FTC Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the provisions (subpart F) of the CFPB's Regulation V regarding other entities (``CFPB Rule''). That clearance expires on November 30, 2013.
SES Performance Review Board
Notice is hereby given of the appointment of members to the Federal Trade Commission Performance Review Board.
Children's Online Privacy Protection Rule Proposed Parental Consent Method; Imperium, LLC Application for Approval of Parental Consent Method
The Federal Trade Commission requests public comment concerning the proposed parental consent method submitted by Imperium, LLC (``Imperium'') under the Voluntary Commission Approval Processes provision of the Children's Online Privacy Protection Rule.
TRENDnet, 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Timonium Chrysler, Inc. d/b/a Don White's Timonium Chrysler Jeep Dodge; 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Ganley Ford West, 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Energy Labeling Rule
The Federal Trade Commission published a final rule on July 23, 2013 revising its Energy Labeling Rule. This document makes a technical correction to the Sample Label 3 in Appendix L of the Rule.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'' or ``FTC'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (the ``Registry'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.
Phoebe Putney Health System, Inc., et al.; Analysis of Proposed Agreement Containing 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft 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
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through January 31, 2017, the current PRA clearance for its shared enforcement authority with the Consumer Financial Protection Bureau (``CFPB'') for information collection requirements contained in the CFPB's Regulation O. That clearance expires on January 31, 2014.
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through December 31, 2016, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its Affiliate Marketing Rule (or ``Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the provisions (subpart C) of the CFPB's Regulation V regarding other entities (``CFPB Rule''). The current clearance expires on December 31, 2013.
Children's Online Privacy Protection Rule Proposed Parental Consent Method; AssertID, Inc. Application for Approval of Parental Consent Method
The Federal Trade Commission requests public comment concerning the proposed parental consent method submitted by AssertID, Inc. (``AssertID'') under the Voluntary Commission Approval Processes provision of the Children's Online Privacy Protection Rule.
Pinnacle Entertainment, Inc., and Ameristar Casinos, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis 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
The information collection requirements described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act (PRA). The FTC seeks public comments on its proposal to extend through November 30, 2016, the current PRA clearance for information collection requirements contained in its Consumer Product Warranty Rule. That clearance expires on November 30, 2013.
Relief-Mart, 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Essentia Natural Memory Foam Company, 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Ecobaby Organics, 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft 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
The FTC intends to conduct a preliminary and exploratory study on consumer susceptibility to fraudulent and deceptive marketing. This research will be conducted to further the FTC's mission of protecting consumers from unfair and deceptive practices. The information collection requirements described below are being submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'').
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC intends to ask the Office of Management and Budget (OMB) to extend through November 30, 2016, the current Paperwork Reduction Act (PRA) clearance for the FTC's shared enforcement with the Consumer Financial Protection Bureau (CFPB) of the information collection requirements in Regulation N (Mortgage Acts and Practices Advertising). That clearance expires on November 30, 2013. The FTC's current PRA clearance (OMB Control Number 3084-0156) for Regulation N is under the FTC's Mortgage Acts and PracticesAdvertising Rule, which was republished by the CFPB as Regulation N on December 16, 2011, and became effective December 30, 2011. The Commission rescinded the Mortgage Acts and PracticesAdvertising Rule on, and effective, April 13, 2012.
Public Roundtable Analyzing Proposed Changes to the Trade Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended
The Federal Trade Commission (``FTC'' or ``Commission'') is holding a public roundtable relating to its September 20, 2012 Notice of Proposed Rulemaking (``NPRM'') announcing proposed changes to the Care Labeling Rule. The roundtable will explore issues relating to professional wetcleaning, care symbols, the Rule's reasonable basis requirements, and other issues raised in comments received in response to the NPRM.
Solera Holdings, Inc.; Analysis of Proposed Agreement Containing 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
General Electric Company; Analysis of Proposed Agreement Containing 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 or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft 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
In compliance with the Paperwork Reduction Act (PRA) of 1995, the FTC is seeking public comments on its request to OMB for a three- year extension of the current PRA clearance for the information collection requirements contained in the Contact Lens Rule. That clearance expires on July 31, 2013 (OMB Control No. 3084-0127).
Energy and Water Use Labeling for Consumer Products Under the Energy Policy and Conservation Act (Energy Labeling Rule)
The Commission amends the Energy Labeling Rule (``Rule'') by updating comparability ranges and unit energy costs for many EnergyGuide labels. The Commission also issues a conditional exemption and amendments for modified refrigerator and clothes washer labels to help consumers compare the labels for these products after the implementation of upcoming changes to the Department of Energy (``DOE'') test procedures.
Premerger Notification; Reporting and Waiting Period Requirements
The Commission is amending the premerger notification rules (``the Rules'') to provide a framework for the withdrawal of a premerger notification filing under the Hart Scott Rodino Act (``the Act'' or ``HSR''). The Act and Rules require the parties to certain mergers and acquisitions to file reports with the Federal Trade Commission (``the Commission'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'') (collectively, ``the Agencies'') and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to obtain effective preliminary relief in federal court to prevent consummation. This final rulemaking sets forth the procedure for voluntarily withdrawing an HSR filing, establishes when an HSR filing will be automatically withdrawn if a filing publicly announcing the termination of a transaction is made with the U.S. Securities and Exchange Commission (``SEC'') under the Securities Exchange Act of 1934 and rules promulgated under that act, and sets forth the procedure for resubmitting a filing after a withdrawal without incurring an additional filing fee.
Telemarketing Sales Rule
The Federal Trade Commission (``Commission'' or ``FTC'') seeks public comment on proposed amendments to the Telemarketing Sales Rule (``TSR'' or ``Rule''). The proposed amendments would: Bar sellers and telemarketers from accepting remotely created checks, remotely created payment orders, cash-to-cash money transfers, and cash reload mechanisms as payment in inbound or outbound telemarketing transactions; expand the scope of the advance fee ban on ``recovery'' services, now limited to recovery of losses in prior telemarketing transactions, to include recovery of losses in any previous transaction; and clarify other TSR provisions as discussed at the outset of the SUPPLEMENTARY INFORMATION section.
McWane, Inc., et al. Oral Argument Before the Commission
The Federal Trade Commission (``FTC'' or ``Commission'') will meet on Thursday, August 22, 2013 in Room 532 of the FTC Building for an Oral Argument in the matter of McWane, Inc., et al. The public is invited to attend and observe the open portion of the meeting, which is scheduled to begin at 2:00 p.m. The remainder of the meeting will be closed to the public.
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through November 30, 2016, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its Prescreen Opt-Out Notice Rule (``Prescreen Opt-Out Rule'' or ``FTC Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the provisions (subpart F) of the CFPB's Regulation V regarding other entities (``CFPB Rule''). That clearance expires on November 30, 2013.
Agency Information Collection Activities; Submission for OMB review; Comment Request
The FTC seeks public comments on its proposal to the Office of Management and Budget (``OMB'') to extend through August 31, 2016, the current Paperwork Reduction Act (``PRA'') clearance for the FTC's enforcement of the information collection requirements in its in its Telemarketing Sales Rule (``TSR''). That clearance expires on August 31, 2013.
Tesoro Corporation and Tesoro Logistics Operations LLC; Analysis of Proposed Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Rules and Regulations Under the Fur Products Labeling Act
To promote consistency between the guaranty provisions in its Rules and Regulations under the Fur Products Labeling Act and those governing textile products, the Commission proposes amendments clarifying a signature requirement for separate guaranties and requiring guarantors to renew continuing guaranties annually.
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