Federal Trade Commission – Federal Register Recent Federal Regulation Documents

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.

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.

As part of its ongoing, systematic review of all Federal Trade Commission rules and guides, the Commission announces a modified 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 the notice of intent to publish requests for comments.

The FTC announces the publication of the Staff Report on the Mail or Telephone Order Merchandise Rule (``MTOR'' or ``Rule''). The Staff Report sets forth the staff's recommendations to the Commission on the various proposed amendments to the MTOR.

The Commission amends the Alternative Fuels Rule (``Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles'') to consolidate the FTC's alternative fueled vehicle (AFV) labels with new fuel economy labels required by the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA). The amendments also eliminate labeling requirements for used AFV labels.

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 August 31, 2016, the current PRA clearance for information collection requirements in its Telemarketing Sales Rule (``TSR''). That clearance expires on August 31, 2013.

The consent agreements in this matter 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.

The Federal Trade Commission published a final rule on February 28, 2013 revising its Rules of Practice governing access to agency records. In one of its amendatory instructions, the final rule mentioned a paragraph that was not being affected. This document makes a technical correction to the amendatory instruction so that it accurately reflects the amendments carried out.

The Federal Trade Commission (FTC or Commission) plans to conduct an online survey of parents and (with parental permission) their children from the ages of 8-16 years old 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 Apple's iOS or Google's Android operating system. This is the second of two notices required under the Paperwork Reduction Act (PRA), and the Commission seeks additional public comments and requests Office of Management and Budget (OMB) review of, and clearance for, the proposed collection of information.

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 (``Rule''). That clearance expires on April 30, 2013.

The Federal Trade Commission proposes to amend its Rules of Practice to update its fee schedule for provision of services in disseminating information and records to the public to reflect changes in the types of services that are provided, changes in the costs of providing services, and to add other fees for new services.

The Commission is proposing amendments to 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 seek a preliminary injunction in federal court to prevent consummation. This proposed rulemaking sets forth the procedure for voluntarily withdrawing an HSR filing, establishes when an HSR filing will be automatically withdrawn after an electronically submitted 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 with no additional filing fee.

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 Commission amends the Children's Online Privacy Protection Rule (``COPPA Rule'' or ``Rule''), consistent with the requirements of the Children's Online Privacy Protection Act, to clarify the scope of the Rule and strengthen its protections for children's personal information, in light of changes in online technology since the Rule went into effect in April 2000. The final amended Rule includes modifications to the definitions of operator, personal information, and Web site or online service directed to children. The amended Rule also updates the requirements set forth in the notice, parental consent, confidentiality and security, and safe harbor provisions, and adds a new provision addressing data retention and deletion.

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 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 of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order embodied in the consent agreementthat would settle these allegations.

As part of its ongoing regulatory review of the Appliance Labeling Rule (``Rule''), the Commission amends the Rule by streamlining data reporting requirements for manufacturers, clarifying testing requirements and enforcement provisions, improving online energy label disclosures, and making several minor technical changes and corrections. The Commission continues to consider other issues related to this regulatory review and may seek comment on additional proposals in the future.

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.

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.

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.