Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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Business Opportunity Rule
In a Federal Register notice published on April 12, 2006, 71 FR 19054, the FTC requested comment on its Notice of Proposed Rulemaking in connection with the Business Opportunity Rule. The Notice required that comments be submitted on or before June 16, 2006, and rebuttal comments be submitted on or before July 7, 2006. On June 1, 2006, 71 FR 31124, the Commission extended the comment period to July 17, 2006, and the rebuttal comment period until August 7, 2006. In response to a request received on July 24, 2006, the Commission has extended the rebuttal comment period until September 29, 2006.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
The Federal Trade Commission (``Commission'') is amending the Appliance Labeling Rule (``Rule'') by publishing new ranges of comparability for room air conditioners. The Commission also announces that the current ranges of comparability required by the Rule for water heaters, furnaces, boilers, dishwashers, and pool heaters will remain in effect until further notice.
In the Matter of Puerto Rico Association of Endodontists, Corp.; 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.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'' or ``FTC'') is issuing this Final Rule to amend section 310.8 (``the Final Amended Fee Rule'') of the FTC's Telemarketing Sales Rule (``TSR'') by revising the fees charged to entities accessing the National Do Not Call Registry (``the Registry'').
Linde AG and The BOC Group 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 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.
Austin Board of Realtors; 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.
Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003
The OCC, Board, FDIC, OTS, NCUA and FTC (the Agencies) request comment on a proposal that would implement sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). As required by section 114, the Agencies are jointly proposing guidelines for financial institutions and creditors identifying patterns, practices, and specific forms of activity, that indicate the possible existence of identity theft. The Agencies also are proposing joint regulations requiring each financial institution and creditor to establish reasonable policies and procedures for implementing the guidelines, including a provision requiring credit and debit card issuers to assess the validity of a request for a change of address under certain circumstances. In addition, the Agencies are proposing joint regulations under section 315 that provide guidance regarding reasonable policies and procedures that a user of consumer reports must employ when such a user receives a notice of address discrepancy from a consumer reporting agency.
Hologic, 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.
Test Procedures and Labeling Standards for Recycled Oil
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on the overall costs, benefits, and regulatory and economic impact of its rule specifying Test Procedures and Labeling Standards for Recycled Oil (``Recycled Oil Rule'' or ``Rule''), as part of the Commission's systematic review of all current FTC rules and guides.
Premerger Notification; Reporting and Waiting Period Requirements
The Commission is amending the premerger notification rules (``the rules'') that require the parties to certain mergers and acquisitions to file reports with the Federal Trade Commission (``the Commission'' or ``FTC'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'' or ``DOJ'') 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 seek a preliminary injunction in Federal court to prevent consummation. These amendments will update and improve the effectiveness of the rules by allowing submission of notification and report forms electronically via the Internet.
Agency Information Collection Activities; Comment Request
The FTC intends to conduct consumer research to examine the effectiveness of the FTC's current energy labeling requirements for consumer products and obtain information about alternatives to those labels. This activity is part of the Commission's efforts to examine the current labeling program, as required by section 137 of the Energy Policy Act of 2005 (Pub. L. 109-58). 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'') (44 U.S.C. 3501-3520).
Appliance Labeling Rule
The Energy Policy Act of 2005 directs the Commission to issue labeling requirements for the electricity used by ceiling fans to circulate air. The Commission is seeking public comment on proposed energy labeling requirements for these products.
Take-Two Interactive Software, Inc. and Rockstar Games, 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.
Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its regulatory review of the Rule concerning Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets (``Rule'' or ``Picture Tube Rule''), as part of the Commission's systematic review of all current Commission regulations and guides, and has determined to retain the Rule in its current form.
Guides for the Nursery Industry
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comments on its Guides for the Nursery Industry (``Nursery Guides'' or ``Guides''). The Commission is soliciting the comments as part of the Commission's systematic review of all current Commission regulations and guides.
Business Opportunity Rule
In a Federal Register notice published on April 12, 2006, 71 FR 19054, the FTC requested comment on its Notice of Proposed Rulemaking in connection with the Business Opportunity Rule. The Notice stated that comments must be submitted on or before June 16, 2006, and that rebuttal comments must be submitted on or before July 7, 2006. In response to a request for an extension of the comment period received on May 5, 2006, the Commission has extended the comment period for one additional month.
Basic Research LLC, et al.
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; 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'') (44 U.S.C. 3501-3520). The FTC is seeking public comments on its proposal to extend through May 31, 2009 the current PRA clearance for information collection requirements contained in its Telemarketing Sales Rule, 16 CFR 435 (``TSR'' or ``Rule''). On February 2, 2006, the OMB granted the FTC's request for a short-term extension of this clearance to May 31, 2006.
Nations Title Agency, 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.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'' or ``FTC'') is issuing a Notice of Proposed Rulemaking (``NPRM'') to amend the Telemarketing Sales Rule (``TSR'') to revise the fees charged to entities accessing the National Do Not Call Registry, and invites written comments on the issues raised by the proposed changes.
Boston Scientific Corporation and Guidant 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.
Dynamic Health of Florida, LLC; 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 complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Business Opportunity Rule
The Federal Trade Commission (the ``Commission'' or ``FTC'') is commencing a rulemaking to promulgate a trade regulation rule entitled ``The Business Opportunity Rule'' (or ``the Rule''), based upon the comments received in response to an Advance Notice of Proposed Rulemaking (``ANPR'') and other information discussed in this notice. The proposed Business Opportunity Rule would prohibit business opportunity sellers from failing to furnish prospective purchasers with material information needed to combat fraud and would prohibit other acts or practices that are unfair or deceptive within the meaning of section 5 of the Federal Trade Commission Act (``FTC Act'').
``Appliance Labeling Rule''; Energy Labeling; Public Workshop
The FTC is planning to host a public workshop to discuss current energy labeling requirements for consumer products. This workshop is part of a rulemaking that the Commission initiated on November 2, 2005 (70 FR 66307). The workshop is open to the public, and there is no fee for attendance. For admittance to the conference center, all attendees will be required to show a valid photo identification, such as a driver's license.
Fresenius AG; 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.
Consumer Benefits and Harms: How Best to Distinguish Aggressive, Pro-Consumer Competition From Business Conduct To Attain or Maintain a Monopoly
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) will hold a series of public Hearings to explore how best to identify anticompetitive exclusionary conduct for purposes of antitrust enforcement under section 2 of the Sherman Act, 15 U.S.C. 2. Among other things, the Hearings will examine whether and when specific types of conduct that potentially implicate section 2 are procompetitive or benign, and when they may harm competition and consumer welfare. The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer experiences. To begin, the Agencies are soliciting public comment from lawyers, economists, the business community, consumer groups, academics (including business historians), and other interested parties on two general subjects: (1) The legal and economic principles relevant to the application of section 2, including the administrability of current or potential antitrust rules for section 2, and (2) the types of business practices that the Agencies should examine in the upcoming Hearings, including examples of real-world conduct that potentially raise issues under section 2. With respect to the Agencies' request for examples of real- world conduct, the Agencies are soliciting discussions of the business reasons for, and the actual or likely competitive effects of, such conduct, including actual or likely efficiencies and the theoretical underpinnings that inform the decision of whether the conduct had or has pro-or anticompetitive effects. The Agencies will solicit additional submissions about the topics to be covered at the individual Hearings at the time that each Hearing is announced. The Agencies encourage submissions from business persons from a variety of unregulated and regulated markets, recognizing that market participants can offer unique insight into how competition works and that the implications of various business practices may differ depending on the industry context and market structure. The Agencies seek this practical input to provide a real-world foundation of knowledge from which to draw as the Hearings progress. Respondents are encouraged to respond on the basis of their actual experiences. The goal of these Hearings is to promote dialogue, learning, and consensus building among all interested parties with respect to the appropriate legal analysis of conduct under section 2 of the Sherman Act, both for purposes of law enforcement and to provide practical guidance to businesses on antitrust compliance. The FTC and the DOJ plan to hold two to four days of Hearings per month between June and December 2006, exclusive of August 2006. The Agencies plan to publish a more detailed description of the topics to be discussed before each Hearing and to solicit additional submissions about each topic. The Hearings will be transcribed and placed on the public record. Any written comments received also will be placed on the public record. A public report that incorporates the results of the Hearings, as well as other research, will be prepared after the Hearings.
Agency Information Collection Activities; Comment Request
The FTC is considering conducting a study to analyze the use and likely short- and long-run competitive effects of authorized generic drugs in the prescription drug marketplace. Before investigating these issues, the FTC is soliciting public comments on its proposed information requests to firms in the prescription drug industry. These comments will be considered before the FTC submits a request for Office of Management and Budget (``OMB'') review under the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520.
Agency Information Collection Activities: Reinstatement of Existing Collection; Comment Request
The Federal Trade Commission (``FTC'' or ``Commission'') intends to conduct a survey of parents who have one or more children, aged eight to 16, who play video or personal computer games. The FTC will also survey children aged eight to 16, who play video or personal computer games. The surveys are a follow-up to the Commission's surveys conducted in 2000 on consumers' use of and familiarity with the Entertainment Software Rating Board (``ESRB'') electronic game rating system. 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'') (44 U.S.C. 3501- 3520).
Public Workshop: Protecting Consumers in the New Mortgage Marketplace
The FTC is planning to host a public workshop, Protecting Consumers in the New Mortgage Marketplace. The workshop will explore consumer protection issues arising from the emergence of ``nontraditional'' or ``alternative'' mortgage products in the United States residential mortgage marketplace. The workshop will provide an opportunity for government regulators, industry participants, consumer advocates, and other interested parties to discuss the impact of these products on consumers and the marketplace. The event is open to the public and there is no fee for attendance. For admittance to the workshop, all attendees will be required to show a valid form of photo identification, such as a driver's license. Additional information about the workshop will be posted on the FTC's Web site at https://www.ftc.gov/bcp/workshops/mortgage/. Date and Location: The workshop will be held on May 24, 2006, from 8:30 a.m. to 5:30 p.m., at the Federal Trade Commission's Satellite Building Conference Center located at 601 New Jersey Avenue, NW., Washington, DC. Requests to Participate as Workshop Panelists: FTC staff will identify and invite individuals with relevant expertise to participate as panelists. In addition, the FTC staff may invite other persons to participate as panelists who submit requests in response to this Federal Register notice. Requests to participate as panelists in the workshop must be received on or before Wednesday, April 12, 2006. Persons filing requests to participate as panelists will be notified whether they have been invited on or before Wednesday, April 26, 2006. For further instructions, please see the ``Requests to Participate as Workshop Panelists'' section under SUPPLEMENTARY INFORMATION below. Workshop Agenda: Additional information about the workshop will be posted on the FTC's Web site at https://www.ftc.gov/bcp/workshops/ mortgage/. An agenda will be posted there in advance of the workshop.
Delegation of Authority To Respond To Requests From Costa Rica's Ministry of Economy, Industry, and Commerce
The Commission has delegated authority to the Associate Director for International Consumer Protection to respond to disclosure and other requests from Costa Rica's Ministry of Economy, Industry, and Commerce (MEIC) pursuant to a memorandum of understanding with the Commission.
Interagency Advance Notice of Proposed Rulemaking: Procedures to Enhance the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies Under Section 312 of the Fair and Accurate Credit Transactions Act
The OCC, Board, FDIC, OTS, NCUA, and FTC (the Agencies) request comment to gather information useful for developing the guidelines and regulations required by section 312 of the Fair and Accurate Credit Transactions Act (FACT Act). Pursuant to section 312, the Agencies, acting in consultation and coordination, must: Establish guidelines for use by persons that furnish information to consumer reporting agencies (furnishers) regarding the accuracy and integrity of the consumer information that they furnish to those agencies; and prescribe regulations that require furnishers to establish reasonable policies and procedures for implementing the guidelines. Section 312 also requires the Agencies jointly to prescribe regulations that identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on a consumer based on a direct request of the consumer.
Valassis Communications, 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.
Agency Information Collection Activities; Comment Request
The FTC intends to conduct consumer research to examine the effectiveness of the FTC's current energy labeling requirements for consumer products and obtain information about alternatives to those labels. This activity is part of the Commission's efforts to examine the current labeling program, as required by section 137 of the Energy Policy Act of 2005 (Pub. L. 109-58). Before gathering this information, the FTC is seeking public comments on its proposed consumer research. Comments will be considered before the FTC submits a request for Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520.
Children's Online Privacy Protection Rule
The Federal Trade Commission (``the Commission'') has completed its regulatory review of the Children's Online Privacy Protection Rule (``the COPPA Rule'' or ``the Rule''), which implements the Children's Online Privacy Protection Act of 1998. The Rule regulates how Web site operators and others may collect, use, and distribute personal information from children online. The Commission requested comment on the costs and benefits of the Rule and whether it should be retained without change, modified, or eliminated. The Commission also requested comment on the Rule's effect on: information practices relating to children; children's ability to obtain online access to information of their choice; and the availability of Web sites directed to children. Pursuant to this review, the Commission concludes that the Rule continues to be valuable to children, their parents, and Web site operators, and has determined to retain the Rule in its current form. This document discusses the comments received in response to the Commission's request for public comment and announces the Commission's decision to retain the Rule without modification.
Allergan, Inc. and Inamed Corporation; 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.
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC is soliciting public comments on proposed information requests to beverage alcohol manufacturers. These comments will be considered before the FTC submits a request for Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520, of compulsory process orders to alcohol advertisers for information concerning, inter alia, compliance with voluntary advertising placement provisions, sales and marketing expenditures, and the status of third-party review of complaints regarding compliance with voluntary advertising codes.
CardSystems Solutions, 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.
Request for Information and Comment: Food Industry Marketing Practices to Children and Adolescents
The Conference Report of Public Law 109-108 instructs the FTC to submit a report to Congress by July 1, 2006 on ``marketing activities and expenditures of the food industry targeted toward children and adolescents.'' To assist in the preparation of this report, the Commission seeks relevant information and empirical data regarding food and beverage industry marketing to children and adolescents.
Health Care Alliance of Laredo, L.C.; 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; Proposed Collection; Comment Request; Extension
The FTC has submitted to the Office of Management and Budget (``OMB'') for review under the Paperwork Reduction Act, 44 U.S.C. 3501- 3520 (``PRA'') information collection requirements contained in its proposed revision of the Pay-Per-Call Rule (``Rule'').\1\ The FTC is seeking public comments on the proposal to extend through December 31, 2009 the current PRA clearance. That clearance expires on February 28, 2006.
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