Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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HISA Anti-Doping and Medication Control Rule
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.
Revised Jurisdictional Thresholds
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.
Unfair or Deceptive Fees Trade Regulation Rule
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.
Business Opportunity Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its advance notice of proposed rulemaking (``ANPR'') concerning its trade regulation rule entitled the ``Business Opportunity Rule''.
Energy Labeling Rule
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.
Instant Brands 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. 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.
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 $45,257,000 for Section 8(a)(1), and $4,525,700 for Section 8(a)(2)(A).
Prudential Security, Inc., et al; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Agreement Containing Consent Order to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.
Non-Compete Clause Rule
Pursuant to Sections 5 and 6(g) of the Federal Trade Commission Act, the Federal Trade Commission (``Commission'') is proposing the Non-Compete Clause Rule. The proposed rule would, among other things, provide that it is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; to maintain with a worker a non-compete clause; or, under certain circumstances, to represent to a worker that the worker is subject to a non-compete clause.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
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 contained in the Antitrust Improvements Act Rules (HSR Rules) and corresponding Notification and Report Form for Certain Mergers and Acquisitions (Notification and Report Form). That clearance expires on January 31, 2023.
Petition for Rulemaking of Jonathan Askin, Professor of Clinical Law, Brooklyn Law School
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Jonathan Askin, Professor of Clinical Law, Brooklyn School, 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.
Glass Container Non-Compete Restrictions; Analysis of Agreements Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Mastercard Incorporated; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Adjustments to Civil Penalty Amounts
The Federal Trade Commission (``FTC'' or ``Commission'') is implementing adjustments to the civil penalty amounts within its jurisdiction to account for inflation, as required by law.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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 Informal Dispute Settlement Procedures Rule (``the Dispute Settlement Rule'' or ``the Rule''). The current clearance expires on July 31, 2023.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend an additional three years the Office of Management and Budget clearance for information collection requirements of its the FTC's Rule Governing Pre-Sale Availability of Written Warranty Terms. The current clearance expires on May 31, 2023.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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 its shared enforcement authority with the Consumer Financial Protection Bureau (``CFPB'') for information collection requirements contained in the CFPB's Regulation O. That clearance expires on March 31, 2023.
Energy Labeling Rule; Correction
The Federal Trade Commission (``Commission'') published a document in the Federal Register of October 12, 2022, concerning the Energy Labeling Rule. After publication, Commission staff learned that the document contained incorrect numbers in water heater tables, refrigerator tables, and regarding propane in certain appendices. Staff also learned that certain language in the Energy Labeling Rule regarding water heater size and type categories requires replacement to reflect accurate categories for water heaters under the Department of Energy conservation standards. The Commission is issuing this correction to reflect the corrected information.
Epic 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. 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.
Guides for the Use of Environmental Marketing Claims
Pursuant to its decennial regulatory review schedule, the Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its Guides for the Use of Environmental Marketing Claims (``Green Guides'' or ``Guides''). The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Guides to determine whether to retain, modify, or rescind them. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Guides.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the FTC's Funeral Industry Practice Rule (``Funeral Rule'' or ``Rule''). That clearance expires on July 31, 2023.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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 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''). The current clearance expires on February 28, 2023.
iHeartMedia, Inc. and Google 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. 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.
Petition for Rulemaking of the Center for Digital Democracy, Fairplay, et al.
Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from the Center for Digital Democracy, Fairplay, Accountable Tech, American Academy of Pediatrics, Becca Schmill Foundation, Inc., Berkeley Media Studies Group, C. Everett Koop Institute at Dartmouth, Center for Humane Technology, Children and Screens: Institute of Digital Media and Child Development, Eating Disorders Coalition, Electronic Privacy Information Center (EPIC), LookUp.live, Lynn's Warriors, Network for Public Education, Parent Coalition for Student Privacy, ParentsTogether, Protect Young Eyes, Public Citizen, Together for Girls, UConn Rudd Center for Food Policy and Health, and U.S. Public Interest Research Group (collectively, ``Petitioners''), and has published that petition online at https://www.regulations.gov. This petition asks the Commission to promulgate a rule prohibiting the use of certain types of engagement-optimizing design practices on individuals under the age of 18 (``minors'') in connection with internet services. 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.
Google LLC and iHeartMedia, 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. 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.
Business Opportunity Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is requesting public comment on its ``Business Opportunity Rule'' (``Rule''), the trade regulation rule governing the sale of certain business opportunities. The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule, as part of its ten-year regulatory review plan. The Commission is also soliciting comments to inform its consideration of whether the Rule should be extended to include business opportunities and other money-making opportunity programs not currently covered by the Rule, including business coaching and work-from-home programs, investment coaching programs, and e-commerce opportunities. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule.
Standards for Safeguarding Customer Information
The Federal Trade Commission is delaying the effective date of portions of the amended Safeguards Rule as published on December 9, 2021.
Energy Labeling Rule; Correction
The Federal Trade Commission (``Commission'') published a document in the Federal Register of October 12, 2022, concerning the Energy Labeling Rule. Soon after publication, Commission staff learned that the document contained an incorrect number. The Commission is issuing this correction to reflect the corrected number.
Chegg, 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. 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.
HISA Assessment Methodology Rule Modification
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 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 modification on Assessment Methodology on October 20, 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 modification's text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule modification.
Unfair or Deceptive Fees Trade Regulation Rule Commission Matter No. R207011
The Federal Trade Commission (``Commission'') proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices relating to fees. The Commission is soliciting written comment, data, and argument concerning the need for such a rulemaking to prevent persons, entities, and organizations from imposing such fees on consumers.
Trade Regulation Rule on the Use of Reviews and Endorsements
The Federal Trade Commission (the ``Commission'') proposes to commence a rulemaking proceeding to address certain deceptive or unfair uses of reviews and endorsements. The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking to prevent unfair or deceptive marketing utilizing reviews and endorsements. In addition, the Commission solicits comment on how the Commission can ensure the broadest participation by affected interests in the rulemaking process.
HISA Anti-Doping and Medication Control Rule; Correction
The Federal Trade Commission (``Commission'') published a document in the Federal Register of October 28, 2022, concerning the Anti-Doping and Medication Control proposed rule submitted by the Horseracing Integrity and Safety Authority. The Authority alerted the Commission that its submission contained an incorrect number. The Commission is issuing this correction to reflect the corrected number.
SES Performance Review Board
Notice is hereby given of the appointment of members to the FTC Performance Review Board.
Funeral Industry Practices Rule
The Federal Trade Commission (``FTC'' or ``Commission'') is considering whether to initiate a rulemaking proceeding to amend its Trade Regulation Rule entitled ``Funeral Industry Practices Rule'' (``Funeral Rule'' or ``Rule''). The Rule defines unfair and deceptive practices in the sale of funeral goods and services and prescribes preventative requirements to protect against these practices. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule.
Drizly, 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. 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.
HISA Anti-Doping and Medication Control Rule
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 August 17, 2022 and supplemented on October 13, 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 text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission (FTC or Commission) is seeking public comment on its proposal to extend for an additional three years the current Paperwork Reduction Act (PRA) clearance for information collection requirements contained in the FTC's Consumer Product Warranty Rule (Warranty Rule or Rule). The current clearance expires on February 28, 2023.
Tractor Supply Company and Orscheln Farm and Home LLC; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.
Partial Rule Exemption for Gilbarco, Inc.
The Federal Trade Commission (``FTC'' or ``Commission'') grants a partial exemption to Gilbarco, Inc. (``Gilbarco'') from requirements of the Fuel Rating Rule related to label size, shape, font size, and letterspace specifications.
Energy Labeling Rule
The Federal Trade Commission (FTC or Commission) seeks public comment on potential amendments to the Energy Labeling Rule (Rule), including energy labels for several new consumer product categories, and other possible amendments to improve the Rule's effectiveness and reduce unnecessary burdens.
Trade Regulation Rule on Commercial Surveillance and Data Security
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 commercial surveillance and data security practices that are prevalent and unfair or deceptive.
Trade Regulation Rule on Impersonation of Government and Businesses
The Federal Trade Commission (``FTC or ``Commission'') commences a rulemaking to promulgate a trade regulation rule entitled ``Rule on Impersonation of Government and Businesses,'' which would prohibit the impersonation of government, businesses, or their officials. The Commission finds such impersonation to be prevalent based on the comments it received in response to an advance notice of proposed rulemaking and other information discussed in this document. The Commission now solicits written comment, data, and arguments concerning the utility and scope of the proposed trade regulation rule to prohibit the impersonation of government, businesses, or their officials.
Energy Labeling Rule
The Federal Trade Commission (``FTC'' or ``Commission'') issues routine updates to comparability range information on EnergyGuide labels for refrigerators and freezers, dishwashers, water heaters, room air conditioners (ranges only), clothes washers, furnaces, and pool heaters in the Energy Labeling Rule (``Rule''). The Commission also makes a minor, clarifying change to requirements for determining room air conditioner capacity.
Procedures for Review of Final Civil Sanctions Imposed Under the Horseracing Integrity and Safety Act
To implement the Horseracing Integrity and Safety Act of 2020, the Federal Trade Commission issues a final rule to establish procedures for the review by an Administrative Law Judge of final civil sanctions imposed by the Horseracing Integrity and Safety Authority and the review by the Commission of the decision of the Administrative Law Judge.
Privacy Act of 1974; System of Records
The Federal Trade Commission (FTC or Commission) is issuing a public notification of its intent to rescind the Privacy Act System of Records Notice (SORN) on the Staff Time and Activity Reporting (STAR) System-FTC (FTC-II-13) and remove it from its existing inventory of SORNs.
Privacy Act of 1974; System of Records
The Federal Trade Commission (FTC) is making technical revisions to an appendix that applies to all agency systems of records. The FTC is updating the appendix that sets out locations of agency offices and buildings. Specifically, the FTC is updating the street addresses for the Midwest regional office in Chicago, the Southeast regional office in Atlanta, and the Western regional offices in Los Angeles and San Francisco. This action is intended to make these system notices clearer, more accurate, and up-to-date.
Credit Karma, 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. 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.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'') 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.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
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 FTC's portion of the information collection requirements contained in the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act (``HSR Rules'') and corresponding Notification and Report Form for Certain Mergers and Acquisitions (``Notification and Report Form''). The current clearance expires on January 31, 2023.
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