Federal Trade Commission – Federal Register Recent Federal Regulation Documents

On March 12, 1997, the Federal Trade Commission initiated a review of the effectiveness of its Pay-Per-Call Rule. The Commission sought comment on whether to expand the scope of this rule to cover audio information and entertainment services accessed by dialing telephone numbers that begin with numbers other than ``900.'' After receiving a small number of comments in favor of this approach, the Commission published a notice of proposed rulemaking to revise this rule on October 30, 1998. While comments received during this review were supportive, technological changes have muted the impact of the proposed revisions and the Commission is withdrawing this proposed rulemaking.

The Federal Trade Commission (FTC or Commission) requests public comment concerning the proposed parental consent method submitted by the Entertainment Software Rating Board, Yoti Ltd. and Yoti (USA) Inc., and SuperAwesome Ltd. (``the ESRB group''), under the Voluntary Commission Approval Processes provision of the Children's Online Privacy Protection Rule.

The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order 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.

Pursuant to Section 7A(d) of the Clayton Act, the Federal Trade Commission (``FTC'' or ``Commission'') is proposing amendments to the premerger notification rules (``the Rules'') that implement the Hart-Scott-Rodino Antitrust Improvements Act (``the Act'' or ``HSR'') and to the Premerger Notification and Report Form (the ``Form'') and Instructions (``Instructions''). These proposed changes would result in a redesign of the premerger notification process through both a reorganization of the information currently required and the addition of new information and document requirements. In addition, these changes would implement the Merger Filing Fee Modernization Act of 2022. The proposed amendments would involve changes to both the Rules and the Instructions, and the Commission proposes explanatory and ministerial changes to the Rules as well as necessary amendments to the Instructions to effect the proposed changes.

Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Matt Liistro and 124 other individuals and has published that petition online at https://www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.

The Federal Trade Commission (``FTC'' or ``Commission'') proposes to amend the Commission's Health Breach Notification Rule (the ``HBN Rule'' or the ``Rule'') and requests public comment on the proposed changes. The HBN Rule requires vendors of personal health records (``PHRs'') and related entities that are not covered by the Health Insurance Portability and Accountability Act (``HIPAA'') to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data.

The Federal Trade Commission (``FTC'' or ``Commission'') will hold an in-person public workshop relating to its November 2, 2022, advance notice of proposed rulemaking (``2022 ANPR'') on the Trade Regulation Rule entitled the ``Funeral Industry Practices Rule'' (``Funeral Rule'' or ``Rule''). The workshop will explore issues relating to the Funeral Rule's General Price List (``GPL'') requirements, including whether and how funeral providers should be required to provide price lists electronically or online, and other issues raised in the comments received in response to the 2022 ANPR.

The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements in its Informal Dispute Settlement Procedures Rule (``the Dispute Settlement Rule'' or ``the Rule''). The current clearance expires on July 31, 2023.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its Rule Governing Pre- Sale Availability of Written Warranty Terms. The current clearance expires on May 31, 2023.

The Federal Trade Commission (``FTC'' or ``Commission'') seeks public comment on proposed amendments to the Commission's Negative Option Rule (or ``Rule'') to combat unfair or deceptive practices that include recurring charges for products or services consumers do not want and cannot cancel without undue difficulty.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order 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.

The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements associated with its Funeral Industry Practice Rule (``Funeral Rule'' or ``Rule''). That clearance expires on July 31, 2023.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for its shared enforcement authority with the Consumer Financial Protection Bureau (CFPB) for information collection requirements contained in the CFPB's Regulation O. The current clearance expires on March 31, 2023.

The Federal Trade Commission (``Commission'') is issuing rules pursuant to the Horseracing Integrity and Safety Act (``Act'') to provide procedures for the Commission's oversight of the annual budget of the Horseracing Integrity and Safety Authority (``Authority'').

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order 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.

In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget clearance for information collection requirements in its Fair Credit Reporting Risk- Based Pricing Regulations (``Risk-Based Pricing Rule'' or ``Rule''), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (``CFPB'') of the risk-based pricing provisions (Subpart H) of the CFPB's Regulation V regarding other entities. That clearance expires on September 30, 2023.

The Federal Trade Commission (FTC) requests that the Office of Management and Budget (OMB) extend for three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements of its Affiliate Marketing Rule, which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (CFPB) of the provisions (subpart C) of the CFPB's Regulation V regarding other entities (CFPB Rule). That clearance expires on February 28, 2023.

The Federal Trade Commission (``Commission'') published a document in the Federal Register of January 30, 2023, concerning the Hart-Scott-Rodino (``HSR'') Premerger Notification Rules (``Rules''). Pending publication, Commission staff learned the document did not include certain explanatory language pursuant to the Administrative Procedure Act. The Commission is issuing this correction to incorporate this language.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. 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 orderembodied in the consent agreement that would settle these allegations.

In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget (``OMB'') clearance for information collection requirements in its Trade Regulation Rule on Disclosure Requirements and Prohibitions Concerning Franchising (``Franchise Rule'' or ``Rule''). That clearance expires on November 30, 2023.

The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Anti-Doping and Medication Control on December 30, 2022. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule's text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule. This document is substantially similar to the document published on October 28, 2022, as corrected on November 4, 2022, and the Commission will consider all comments filed in response to that document as well as all comments filed in response to this document.

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its advance notice of proposed rulemaking (``ANPR'') regarding whether the Commission should prescribe new trade regulation rules or other regulatory alternatives concerning unfair or deceptive acts or practices concerning fees that are prevalent.

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its advance notice of proposed rulemaking (``ANPR'') regarding the Energy Labeling Rule.

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 $45,257,000 for Section 8(a)(1), and $4,525,700 for Section 8(a)(2)(A).