Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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Appliance Labeling Rule
The Commission proposes to expand coverage of the Lighting Facts label to include all screw-based and GU-10 and GU-24 pin-based light bulbs. Under this proposal, manufacturers would have 2\1/2\ years to conform their products and packaging to the labeling requirements. The Commission also proposes to require a specific test procedure (LM- 79) for measuring light output for all light emitting diode (LED) bulbs covered by the Rule. Finally, the Commission is not proposing amendments for several other issues such as watt-equivalent standards, directional light disclosures, and lead content disclosures.
Cardinal Health, 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.
Statement of Policy Regarding Communications in Connection With the Collection of Decedents' Debts
Pursuant to the FTC's authority to enforce the Fair Debt Collection Practices Act (``FDCPA''), 15 U.S.C. 1692l(a), and Section 5 of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 45, the Commission issues this final Statement of Policy Regarding Communications in Connection with the Collection of Decedents' Debts (``Statement'').\1\ When a person dies, creditors and the debt collectors they hire usually have the right to collect on the person's debts from the assets of his or her estate. Sections 805(b) and (d) of the FDCPA prohibit debt collectors from contacting individuals other than the debtor to collect a debt, unless the individual is the debtor's spouse, parent (if the debtor is a minor), guardian, executor, or administrator. The Commission has learned that, to recover on a decedent's debts, some debt collectors contact the decedent's relatives, although these relatives may have no authority to pay the debts from the decedent's estate and no legal obligation to pay the debts from their own assets. By contacting persons who are not specified in Section 805 of the FDCPA, and by engaging in practices that may deceive those persons about their obligations, these debt collectors may be violating the FDCPA. The Commission recognizes, however, that imposing unnecessary restrictions on a debt collector's ability to collect a decedent's debt from the person authorized to pay those debts may instead cause some debt collectors to seek to recover by invoking the probate process, imposing substantial costs on the estate and delaying the distribution of assets to heirs and beneficiaries. To balance these interests and protect consumers from unfair, deceptive, and abusive practices, this Statement announces that the FTC will forebear from enforcing Section 805(b) of the FDCPA, 15 U.S.C. 1692c(b), against a debt collector for communicating about a decedent's debts with persons specifically identified as appropriate to contact under Section 805 of the FDCPA (e.g., spouse, parent, guardian, executor, or administrator) or any other person who has the authority to pay the decedent's debts from the assets of the decedent's estate. The Statement also clarifies how a debt collector can comply with the law in locating the person who has the requisite authority with whom to discuss the decedent's debts. Finally, the Statement explains how a debt collector can avoid engaging in deceptive practices in communicating with a third party about a decedent's debts.
Statement of General Policy or Interpretation; Commentary on the Fair Credit Reporting Act
The Federal Trade Commission (``FTC'' or ``Commission'') is rescinding its Statements of General Policy or Interpretations Under the Fair Credit Reporting Act (``FCRA''). Recent legislation transferred authority to issue interpretive guidance under the FCRA to the Consumer Financial Protection Bureau (``CFPB'').
Mortgage Acts and Practices-Advertising
Pursuant to the 2009 Omnibus Appropriations Act (Omnibus Appropriations Act), as clarified by the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (Credit CARD Act), the Commission issues this Final Rule and Statement of Basis and Purpose (SBP) relating to unfair or deceptive acts and practices that may occur with regard to mortgage advertising. This Final Rule, among other things: Prohibits any misrepresentation in any commercial communication regarding any term of any mortgage credit product; and imposes certain recordkeeping requirements.
Premerger Notification; Reporting and Waiting Period Requirements
The Federal Trade Commission (``Commission'' or ``FTC'') is amending the Hart-Scott-Rodino (``HSR'') Premerger Notification Rules (the ``Rules''), the Premerger Notification and Report Form (the ``Form'') and associated Instructions in order to streamline the Form and capture new information that will help the FTC and the Antitrust Division, Department of Justice (together the ``Agencies'') conduct their initial review of a proposed transaction's competitive impact. The FTC is making substantive and ministerial revisions, deletions and additions to streamline the Form and make it easier to prepare while focusing the Form on those categories of information the Agencies consider necessary for their initial review. The FTC is also amending certain Rules and parts of the Form and Instructions, as well as adding Items 4(d), 6(c)(ii) and 7(d), in order to capture additional information that would significantly assist the Agencies in their initial review. Finally, minor changes are being made to address minor omissions from the FTC's 2005 rulemaking involving unincorporated entities and to remove the reference to the 2001 transition period.
Fair Credit Reporting Risk-Based Pricing Regulations
On January 15, 2010, the Board and the Commission published final rules to implement the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amended the Fair Credit Reporting Act (FCRA). The final rules generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The Board and the Commission are amending their respective risk-based pricing rules to require disclosure of credit scores and information relating to credit scores in risk-based pricing notices if a credit score of the consumer is used in setting the material terms of credit. These final rules reflect the new requirements in section 615(h) of the FCRA that were added by section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Notice Announcing Ten-Year Regulatory Review Schedule and Request for Public Comment on the Federal Trade Commission's Regulatory Review Program
As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission announces a revised 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 Commission further invites written comments regarding the Commission's longstanding regulatory review program and how to improve the process.
Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended
As part of the Commission=s systematic review of all current FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended (``Care Labeling Rule'' or ``Rule''). The Commission also requests comment on whether it should modify the Rule's provision permitting the use of care symbols or modify the Rule to address either the disclosure of care instructions in languages other than English or the practice of professional wetcleaning.
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 Federal Trade Commission (FTC) is seeking public comments on its proposal to extend through October 31, 2014, the current PRA clearance for information collection requirements contained in its Trade Regulation Rule entitled Power Output Claims for Amplifiers Utilized in Home Entertainment Products (Amplifier Rule or Rule), 16 CFR Part 432 (OMB Control Number 3084-0105). That clearance expires on October 31, 2011.
Beiersdorf, 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.
Children's Online Privacy Protection Rule; Aristotle International, Inc.'s Application for Safe Harbor Proposed Self-Regulatory Guidelines
The Federal Trade Commission publishes a notice and request for public comment concerning proposed self-regulatory guidelines submitted by Aristotle International, Inc. (Aristotle) under the safe harbor provision of the Children's Online Privacy Protection Rule.
Grifols, S.A. and Talecris Biotherapeutics Holdings Corp.; 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.
Irving Oil Limited and Irving Oil Terminals 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.
Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles
The Commission seeks public comment on its Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles (``Alternative Fuels Rule'' or ``Rule''). As part of its systematic review of all FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the Alternative Fuels Rule. The Commission also seeks comment on whether to merge its alternative fueled vehicle (AFV) labels with fuel economy labels proposed by the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA); add new definitions for AFVs contained in recent legislation; and change labeling requirements for used AFVs.
Guide Concerning Fuel Economy Advertising for New Automobiles
The Federal Trade Commission (``FTC'' or ``Commission'') gives notice that it is postponing any amendments to its Guide Concerning Fuel Economy Advertising for New Automobiles (``Fuel Economy Guide'' or ``Guide'') pending completion of ongoing review by the Environmental Protection Agency (``EPA'') and the National Highway Traffic Safety Administration (``NHTSA'') of current fuel economy labeling requirements and the Commission's accelerated regulatory review of its own Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule (``Alternative Fuels Rule'').
Agency Information Collection Activities; Submission for OMB Review; 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 August 31, 2014, the current PRA clearance for information collection requirements contained in the Children's Online Privacy Protection Rule (``COPPA Rule''). That clearance expires on August 31, 2011.
Southwest Health Alliances, Inc., Doing Business as BSA Provider Network; 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.
Request for Comments and Announcement of Workshop on Standard-Setting Issues
The Federal Trade Commission seeks public comments in connection with a project to examine the practical and legal issues arising from the incorporation of patented technologies in collaborative standards, including the risk of patent ``hold-up'' and its effect on competition and consumers. Among the topics to be considered are the disclosure of patent rights during the standard- setting process, the implications of a patent holder's commitment to license users of the standard on reasonable and non-discriminatory (``RAND'') terms, and the possibility of negotiating license terms prior to choosing the standard. The Commission seeks the views of consumers and the legal, academic, and business communities on the issues to be explored in this project. As part of the project, the Commission will conduct a workshop and may prepare a report discussing these issues. This notice poses a series of questions relevant to those issues for which the Commission seeks comment.
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 October 31, 2014, the current PRA clearance for information collection requirements contained in the Commission's Gramm-Leach-Bliley Financial Privacy Rule (``GLB Privacy Rule'' or ``Rule''). The current clearance expires on October 31, 2011.
Lookout Services, 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.
Ceridian Corporation; 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 is seeking public comments on its proposal to extend through September 30, 2014 the current Paperwork Reduction Act clearance for information collection requirements contained in its Funeral Industry Practice Rule (``Funeral Rule'' or ``Rule''). That clearance expires on September 30, 2011.
Hikma Pharmaceuticals 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 orderembodied in the consent agreementthat would settle these allegations.
Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
The FTC and DOJ (the ``Agencies'') are proposing an enforcement policy regarding the application of the antitrust laws to health care collaborations among otherwise independent providers and provider groups, formed after March 23, 2010, the date on which the Patient Protection and Affordable Care Act was enacted, that seek to participate, or have otherwise been approved to participate, as accountable care organizations (ACOs) under the Medicare Shared Savings Program, Section 3022 of the Affordable Care Act (Patient Protection and Affordable Care Act, Public Law 111-48 (2010) and the Health Care and Education Reconciliation Act of 2010, Public Law 111-52 (2010)).
Oreck Corporation; 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.
Appliance Labeling Rule
The Commission extends the effective date for its new light bulb labeling requirements to January 1, 2012, to provide manufacturers with additional compliance time. In addition, the Commission exempts from the new label requirements incandescent bulbs that will not be produced after January 1, 2013, due to Federal efficiency standards.
Automotive Fuel Ratings Certification and Posting
The Commission issues final amendments to its Rule for Automotive Fuel Ratings, Certification and Posting (``Fuel Rating Rule'' or ``Rule'') by allowing an alternative octane rating method and making other miscellaneous revisions. The Commission declines to issue final ethanol labeling amendments at this time.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the FTC is submitting a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Google, 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.
Chitika, 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.
Legacy Learning Systems, 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.
Public Workshop: Debt Collection 2.0: Protecting Consumers as Technologies Change
The FTC announces that it will hold a public workshop on April 28, 2011, to address consumer protection issues that have arisen as debt collectors avail themselves of advances in technology. The workshop will explore developments in technology that debt collectors use to gather, store, and manage information about consumers; to comply with the law; to communicate with consumers; and to receive payment. The workshop will provide an opportunity for government regulators, industry members, technologists, consumer advocates, and researchers, to discuss the costs and benefits of these technologies for debt collectors and consumers. It will also address whether and how collectors may use such technologies consistent with applicable laws, including the Fair Debt Collection Practices Act and Section 5 of the FTC Act, what consumer protection concerns arise from use of these technologies, and what actions, if any, the Commission and other policymakers should take to respond to those concerns. This notice poses a series of questions on which the Commission seeks comment. 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 government-issued 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/debtcollectiontech/index.shtml. Date and Location: The workshop will be held on April 28, 2011, 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. Workshop Agenda: Additional information, including an agenda and panelist biographies, will be posted on the FTC's Web site at https:// www.ftc.gov/bcp/workshops/debtcollectiontech/index.shtml. Public Comments: Interested parties are invited to submit written comments electronically or in paper form, by following the instructions in the Instructions For Filing Comments part of the SUPPLEMENTARY INFORMATION section below. Comments filed in electronic form should be submitted by using the following Web link: https:// ftcpublic.commentworks.com/ftc/debtcollecttechworkshop, and following the instructions on the Web-based form. Comments in paper form should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex F), 600 Pennsylvania Avenue, NW., Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY INFORMATION section below. To be considered in preparation for the workshop, comments must be received by Thursday, April 7, 2011. However, comments will be accepted through Friday, May 27, 2011. 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 5 p.m. EST, Tuesday, March 22, 2011. Persons filing requests to participate as panelists will be notified whether they have been selected on or before Wednesday, March 31, 2011. For further instructions, please see the ``Requests to Participate as Workshop Panelists'' section under SUPPLEMENTARY INFORMATION below.
Public Roundtables: Protecting Consumers in the Sale and Leasing of Motor Vehicles
On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Pursuant to the Dodd-Frank Act, the FTC is authorized to prescribe rules under Section 553 of the Administrative Procedure Act (APA) with respect to unfair or deceptive acts or practices by motor vehicle dealers. To explore consumer protection issues pertaining to motor vehicle sales and leasing, the FTC is hosting a series of public roundtables in 2011. The roundtables will be held in three to five cities around the United States, starting in April 2011. The roundtables will provide an opportunity for regulators, consumer advocates, industry participants, and other interested parties to discuss consumer protection issues in connection with motor vehicle sales and leasing. This notice addresses various topics and questions that the Commission expects to discuss at the first roundtable. This notice also provides an opportunity for comment.
Fair Credit Reporting Risk-Based Pricing Regulations
On January 15, 2010, the Board and the Commission published final rules to implement the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amends the Fair Credit Reporting Act (FCRA). The final rules generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The Board and the Commission propose to amend their respective risk-based pricing rules to require disclosure of credit scores and information relating to credit scores in risk-based pricing notices if a credit score of the consumer is used in setting the material terms of credit. These proposed amendments reflect the new requirements in section 615(h) of the FCRA that were added by section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Fur Products Labeling Act
In December 2010, Congress passed the Truth in Fur Labeling Act (TFLA), which amends the Fur Products Labeling Act (Fur Act) by: (1) Eliminating the Commission's discretion to exempt fur products of relatively small quantity or value from disclosure requirements; and (2) providing that the Fur Act will not apply to certain fur products obtained through trapping or hunting and sold in face to face transactions. TFLA also directs the Commission to review and allow comment on the Fur Products Name Guide (Name Guide). Accordingly, the Commission publishes this Advance Notice of Proposed Rulemaking (ANPR) and request for comment. In addition to seeking comment on the Name Guide, the Commission, as part of its systematic review of all current FTC rules and guides, requests comment on all of its Fur Act regulations (Fur Rules or Rules).
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. The compulsory process orders will seek information from those companies concerning, among other things, compliance with voluntary advertising placement provisions, sales and marketing expenditures, the status of third-party review of complaints regarding compliance with voluntary advertising codes and alcohol industry data collection practices.
Agency Information Collection Activities; Request for OMB Review; Comment Request
In compliance with the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3521, the FTC is seeking public comments on its proposal to extend through February 28, 2014, the current PRA clearance for information collection requirements contained in its Informal Dispute Settlement Procedures Rule. That clearance expires on February 28, 2011. The FTC will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The FTC is seeking public comments on its proposal to extend through August 31, 2014, the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Children's Online Privacy Protection Act Rule (``COPPA Rule''), which will expire on August 31, 2011.
ACRAnet, Inc.; SettlementOne Credit Corporation, and Sackett National Holdings, Inc.; Fajilan and Associates, Inc., d/b/a Statewide Credit Services, and Robert Fajilan; Analysis of Proposed Consent Orders To Aid Public Comment
The consent agreements in these three 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 each draft complaint and the terms of the consent orderembodied in each consent agreementthat would settle these allegations.
Revised Jurisdictional Thresholds for Section 7a of The Clayton Act
The Federal Trade Commission announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of Section 7A of the Clayton Act. Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Public Law 94-435, 90 Stat. 1390 (``the Act''), requires all persons contemplating certain mergers or acquisitions, which meet or exceed the jurisdictional thresholds in the Act, to file notification with the Commission and the Assistant Attorney General and to wait a designated period of time before consummating such transactions. Section 7A(a)(2) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5). The new thresholds, which take effect 30 days after publication in the Federal Register, are as follows:
Revised Jurisdictional Thresholds for Section 8 of the Clayton Act
The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $26,867,000 for Section 8(a)(1), and $2,686,700 for Section 8(a)(2)(A).
Agency Information Collection Activities; Request for OMB Review; 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 is seeking public comments on its proposal to extend through January 31, 2014, the current PRA clearance for information collection requirements contained in its Rule Governing Pre-Sale Availability of Written Warranty Terms. This clearance is scheduled to expire on January 31, 2011.
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