Federal Trade Commission 2012 – Federal Register Recent Federal Regulation Documents
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Used Motor Vehicle Trade Regulation Rule
Except as specifically described below, the FTC has completed its regulatory review of its Used Motor Vehicle Trade Regulation Rule (``Used Car Rule'' or ``Rule'') as part of the FTC's systematic review of all current Commission regulations and guides. The Commission has decided to retain the Rule and, in a separate Federal Register document, to amend it by changing the Spanish translation of the Buyers Guide. In addition, the Commission also has decided to issue a notice of proposed rulemaking (``NPR'') soliciting comments on proposed changes to the Rule. In this NPR, the Commission addresses the comments received during its review and invites public comment on the following four proposed changes to the Buyers Guide: adding boxes to the back of the Buyers Guide where dealers would have the option to indicate manufacturers' and other third-party warranties; adding a statement to the Buyers Guide encouraging consumers to seek vehicle history information and directing consumers to an FTC Web site for more information about vehicle histories; adding catalytic converters and airbags to the List of Systems on the back of the Buyers Guide; and adding a statement in Spanish to the English Buyers Guide directing consumers who cannot read the Buyers Guide in English to ask for a copy of it in Spanish.
Used Motor Vehicle Trade Regulation Rule
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its regulatory review of its Used Motor Vehicle Trade Regulation Rule (``Used Car Rule'' or ``Rule'') as part of the FTC's systematic review of all current Commission regulations and guides. The Commission has decided to retain the Rule and to issue this final rule making nonsubstantive revisions to the Spanish translation of the Used Car Buyers Guide and nonsubstantive technical changes to the Rule. The revisions to the Spanish translation were published for public comment when the Commission announced its regulatory review of the Rule.
Epic Marketplace, Inc., and Epic Media Group, 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 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 seeks public comments on its proposal to extend through April 30, 2016 the current PRA clearance for information collection requirements contained in its Alternative Fuels Rule. That clearance expires on April 30, 2013.
Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003, as Amended by the Red Flag Program Clarification Act of 2010
The Federal Trade Commission (``FTC'' or ``Commission'') is amending its Red Flags Rule promulgated under Section 615 of the Fair Credit Reporting Act (FCRA), to implement the Red Flag Program Clarification Act of 2010 (Clarification Act or Act). The interim final rule amends the definition of ``creditor'' in the original Red Flags Rule to make it consistent with the revised definition of that term in the Clarification Act.
Guides for Advertising Allowances and Other Merchandising Payments and Services
The Federal Trade Commission (``Commission'') requests public comments on the overall costs and benefits of and the continuing need for its Guides for Advertising Allowances and Other Merchandising Payments and Services (``the Fred Meyer Guides'' or ''the Guides''), as part of the agency's review of all its current regulations and guides.
Robert Bosch GmbH; 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.
Hertz Global Holdings, 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 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; Extension
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through November 30, 2015, 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 subpart N of Regulation V. That clearance expires on November 30, 2012.
Corning Incorporated; 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.
The PPG Architectural Finishes, 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.
The Sherwin-Williams Company; 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.
Compete, 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.
Rules of Practice
The Federal Trade Commission published a document in the Federal Register of September 27, 2012, adopting revisions to the Commission's Rules of Practice. A footnote in the document contained an incorrect citation to the Commodity Futures Trading Commission. This notice corrects this error.
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, 2016, the current OMB clearance for information collection requirements contained in its Mail or Telephone Order Merchandise Trade Regulation Rule (``MTOR'' or ``Rule''). That clearance expires on February 28, 2013.
Robocall Challenge
The Federal Trade Commission (FTC) announces a prize competition that challenges the public to create innovative solutions to block illegal robocalls.
Magnesium Elektron; 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.
Watson Pharmaceuticals, Inc., Actavis Inc., Actavis Pharma Holding 4 ehf., and Actavis S.a.r.l.; 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.
Equifax Information Services 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 draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Alan B. Miller and Universal Health Services; 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.
Guides for the Use of Environmental Marketing Claims
The Federal Trade Commission (``FTC'' or ``Commission'') adopts revised Guides for the Use of Environmental Marketing Claims (``Green Guides'' or ``Guides''). This document summarizes the Commission's revisions to the Guides and includes the final Guides.
Proposed Consent Agreements: DesignerWare, LLC, Timothy Kelly and Ronald P. Koller, Aspen Way Enterprises, Inc., Watershed Development Corp., et al.; Analysis of Proposed Consent Orders To Aid Public Comment
The consent agreements in these matters settle 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 complaints and the terms of the consent ordersembodied in the consent agreementsthat would settle these allegations.
Rules of Practice
The FTC is adopting revised rules governing the process of its investigations and attorney discipline. These rules, located in the Commission's Rules of Practice, are intended to promote fairness, transparency, and efficiency in all FTC investigations; and to provide additional guidance about appropriate standards of conduct for attorneys practicing before the FTC.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through November 30, 2015, the current Paperwork Reduction Act (``PRA'') clearance for the information collection requirements in the FTC Red Flags/Card Issuers/Address Discrepancies Rules \1\ (``Rules''). That clearance expires on November 30, 2012.
Agency Information Collection Activities; Proposed Collection; Comment Request
The Federal Trade Commission (``FTC'' or ``Commission'') intends to conduct (with parental permission) an online survey of children, ages 8-16 years, who watch movies, listen to music, and/or play game applications (``apps'') on smartphones, Internet-accessible handheld devices, or tablet computers (collectively ``app-capable mobile devices'') that run either the iOS or Android operating systems. 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'').
Request for Comments and Announcement of Workshop on Pet Medications Issues
The FTC is reopening the period for filing public comments in connection with a workshop to examine competition and consumer protection issues in the pet medications industry. The workshop will consider how current industry distribution and other business practices affect consumer choice and price competition for pet medications; the ability of consumers to obtain written, portable prescriptions that they can fill wherever they choose; and the ability of consumers to verify the safety and efficacy of pet medications that they purchase. The workshop will also examine the extent to which recent changes to restricted distribution and prescription portability practices in the contact lens industry might yield lessons applicable to the pet medications industry. The Commission seeks the views of consumers, veterinarians, business representatives, economists, lawyers, academics, and other interested parties on these issues. This notice poses a series of questions relevant to those issues about which the Commission seeks comment. After conducting the workshop and reviewing comments, the Commission may prepare a report discussing these issues.
ABCSP, 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.
CarePatrol, 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.
Trade Regulation Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods
Based on comments received in response to its Advance Notice of Proposed Rulemaking (``ANPR''), the Federal Trade Commission proposes to amend its trade regulation rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended (``Rule'') to: Allow garment manufacturers and marketers to include instructions for professional wetcleaning on labels; permit the use of ASTM Standard D5489-07, ``Standard Guide for Care Symbols for Care Instructions on Textile Products,'' or ISO 3758:2005(E), ``TextilesCare labelling code using symbols,'' in lieu of terms; clarify what can constitute a reasonable basis for care instructions; and update the definition of ``dryclean.'' In addition, the Commission seeks comment on several other issues.
Regulations Under the Fur Products Labeling Act
The Federal Trade Commission proposes to amend its Regulations under the Fur Products Labeling Act to update its Fur Products Name Guide, provide more labeling flexibility, incorporate recently enacted Truth in Fur Labeling Act provisions, and eliminate unnecessary requirements. The Commission does not propose changing or providing alternatives to the required name on labels for nyctereutes procyonoides fur products. The Commission also does not propose changing the Rules' product coverage scope or continuing guaranty provisions.
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.
Cooperativa de Farmacias Puertorriquenas; 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; Submission for OMB Review; Comment Request; Extension
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through September 30, 2015, the current Paperwork Reduction Act (``PRA'') clearance for the information collection requirements in the Health Breach Notification Rule. That clearance expires on September 30, 2012.
Brain-Pad, 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.
Guides for the Jewelry, Precious Metals, and Pewter Industries
The FTC is extending the deadline for filing public comments on the Guides for the Jewelry, Precious Metals, and Pewter Industries.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through November 30, 2015, 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 subpart N of Regulation V. That clearance expires on November 30, 2012.
Premerger Notification; Reporting and Waiting Period Requirements
The Commission is proposing amendments to the premerger notification rules (``the Rules'') to provide a framework for determining when a transaction involving the transfer of rights to 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'' 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 seek a preliminary injunction in federal court to prevent consummation. This proposed rulemaking uses the concept of ``all commercially significant rights'' as the basis to determine whether there is a transfer of exclusive rights to a patent in the pharmaceutical industry resulting in an asset acquisition that may be reportable under the Act.
Renown Health; 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.
Withdrawal of the Commission Policy Statement on Monetary Equitable Remedies in Competition Cases
In 2003 the Federal Trade Commission issued a Policy Statement on Monetary Remedies in Competition Cases. The Commission has now withdrawn the Policy Statement.
Children's Online Privacy Protection Rule
The Commission is proposing to further modify the proposed definitions of personal information, support for internal operations, and Web site or online service directed to children, that the FTC has proposed previously under its Rule implementing the Children's Online Privacy Protection Act (``COPPA Rule''), and further proposes to revise the Rule's definition of operator. These proposed revisions, which are based on the FTC's review of public comments and its enforcement experience, are intended to clarify the scope of the Rule and strengthen its protections for children's personal information. The Commission is not adopting any final amendments to the COPPA Rule at this time and continues to consider comments submitted in response to its Notice of Proposed Rulemaking issued in September 2011.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC intends to conduct an evaluation of Admongo, its advertising literacy program for children ages 8-12. The evaluation will involve a randomized controlled trial of the Admongo program involving 6,000-8,000 students. This research will be conducted to further the FTC's mission of protecting consumers from unfair and deceptive marketing. The information collection requests described below are being submitted to the Office of Management and Budget for review, as required by the Paperwork Reduction Act (``PRA'').
Novartis 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.
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 November 30, 2015, the current PRA clearance requirements contained in the FTC Red Flags/Card Issuers/Address Discrepancies Rules \1\ (``Red Flags Rule'' or ``Rule''). The current clearance expires on November 30, 2012.
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