Monday, 

December 20, 2010 

Part XXII 

Federal Trade 

Commission 

Semiannual Regulatory Agenda 


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79930 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

FEDERAL TRADE COMMISSION (FTC) 

FEDERAL TRADE COMMISSION 

16 CFR Ch. I 

Semiannual Regulatory Agenda 

AGENCY: Federal Trade Commission. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The following agenda of 

Commission proceedings is published 

in accordance with section 22(d)(1) of 

the Federal Trade Commission Act, 15 

U.S.C. 57b-3(d)(1), and the Regulatory 

Flexibility Act (RFA), 5 U.S.C. 601 to 

612, as amended by the Small Business 

Regulatory Enforcement Fairness Act. 

The Commission’s agenda follows 

guidelines and procedures issued July 

23, 2010, by the Office of Management 

and Budget in accordance with the 

provisions of Executive Order No. 12866 

‘‘Regulatory Planning and Review’’ of 

September 30, 1993, 58 FR 51735 (Oct. 

4, 1993). 

This edition of the Unified Agenda of 

Federal Regulatory and Deregulatory 

Actions includes The Regulatory Plan, 

which appears in both the online 

Unified Agenda and in part II of the 

Federal Register that includes the 

Unified Agenda. The Commission’s 

Statement of Regulatory Priorities is 

included in the Plan. The Commission 

has no proposed rules that would be a 

‘‘significant regulatory action’’ under 

the definition in Executive Order 12866. 

Beginning with the fall 2007 edition, 

the Internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov, in 

a format that offers users a greatly 

enhanced ability to obtain information 

from the Agenda database. Because 

publication in the Federal Register is 

mandated for the regulatory flexibility 

agendas required by the RFA (5 U.S.C. 

602), the Commission’s printed agenda 

entries include only: rules that are in 

the Agency’s regulatory flexibility 

agenda, in accordance with the 

Regulatory Flexibility Act, because they 

are likely to have a significant economic 

impact on a substantial number of small 

entities; and any rules that the Agency 

has identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility 

Act’s Agenda requirements. 

Additional information on these entries 

is available in the Unified Agenda 

published on the Internet. In addition, 

for fall editions of the Agenda, the entire 

Regulatory Plan will continue to be 

printed in the Federal Register, as in 

past years, including the Federal Trade 

Commission’s regulatory plan. 

The Commission has one rulemaking 

that is in the Agency’s regulatory 

flexibility agenda, the recently issued 

amendments to the Telemarketing Sales 

Rule, 16 C.F.R. 310, which relate to the 

provision of debt relief services to 

consumers. This rule is likely to have a 

significant impact on a substantial 

number of small entities. 

The Commission’s agenda also 

references the Web site 

www.regulations.gov where 

appropriate. This is the 

Governmentwide Web site where 

members of the public can find, review, 

and submit comments on Federal 

rulemakings that are open for comment 

and published in the Federal Register. 

The Commission has responded to the 

optional information requirement to 

identify rulemakings that are likely to 

have some impact on small entities but 

are not subject to the requirements of 

the RFA. The current rulemakings that 

are likely to have some impact on small 

entities but are not subject to the 

requirements of the RFA are: (1) the 

Automotive Fuel Ratings, Certification, 

and Posting Rule, 16 CFR 306; (2) the 

Pay-Per-Call Rule (or ‘‘the 1-900 Rule’’), 

16 CFR 308; (3) the Appliance Labeling 

Rule, 16 CFR 305, (4) Labeling 

Requirements for Alternative Fuels and 

Alternative-Fueled Vehicles, 16 CFR 

309; (5) Children’s Online Privacy 

Protection Rule, 16 CFR 312; (6) the 

Rulemakings with Respect to Mortgage 

Loans, to be codified at 16 CFR 321, 

322; (7) Retail Food Store Advertising 

and Marketing Practices, 16 CFR 424; (8) 

the Negative Option Rule, 16 CFR 425; 

(9) the Cooling-Off Rule, 16 CFR 429; 

(10) the Amplifier Rule, 16 CFR 432; 

(11) the Holder-in-Due Course Rule, 16 

CFR 433; (12) Mail or Telephone Order 

Merchandise Rule, 16 CFR 435; (13) the 

Business Opportunity Rule, to be 

codified at 16 CFR 437; (14) the Used 

Car Rule, 16 CFR 455; and (15) certain 

rules implementing the Fair and 

Accurate Credit Transactions Act of 

2003 (FACTA), 16 CFR 602, 603, 604, 

610, 611, 613, 614, 641, 642, 660, 680, 

681, 682, and 698. 

In addition, the Agency has 

responded to the optional information 

question that corresponds to Executive 

Order 13132, ‘‘Federalism,’’ of August 4, 

1999, 64 FR 43255 (Aug. 10, 1999), 

which does not apply to independent 

regulatory agencies. The Commission 

believes to the extent that any of the 

rules in this agenda may have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government’’ within the 

meaning of E.O. 13132, it has consulted 

with the affected entities. The 

Commission continues to work closely 

with the States and other governmental 

units in its rulemaking process, which 

explicitly considers the effect of the 

Agency’s rules on these governmental 

entities. 

Some of the rulemakings listed in the 

agenda are being conducted as part of 

the Commission’s plan to review and 

seek information every 10 years about 

all of its regulations and guides, 

including their costs and benefits and 

regulatory and economic impact. These 

reviews incorporate and expand upon 

the review required by the RFA and 

regulatory reform initiatives directing 

agencies to conduct a review of all 

regulations and eliminate or revise those 

that are outdated or otherwise in need 

of reform. 

Except for notice of completed 

actions, the information in this agenda 

represents the judgment of Commission 

staff, based upon information now 

available. Each projected date of action 

reflects an assessment by the FTC staff 

of the likelihood that the specified event 

will occur during the coming year. No 

final determination by the staff or the 

Commission respecting the need for, or 

the substance of, a trade regulation rule 

or any other procedural option should 

be inferred from the notation of 

projected events in this agenda. In most 

instances, the dates of future events are 

listed by month, not by a specific day. 

The acquisition of new information, 

changes of circumstances, or changes in 

the law may alter this information. 

FOR FURTHER INFORMATION CONTACT: For 

information about specific regulatory 

actions listed in the agenda, call, e-mail, 

or write the contact person listed for 

each particular proceeding. General 

comments or questions about the agenda 

should be directed to G. Richard Gold, 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79931 

FTC 

Attorney, Federal Trade Commission, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580, telephone: (202) 

326-3355; e-mail: rgold@ftc.gov. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

Federal Trade Commission—Prerule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

607 Telemarketing Sales Rule ............................................................................................................................................. 3084–AB19 

Federal Trade Commission (FTC) Prerule Stage 

607. TELEMARKETING SALES RULE 

Legal Authority: 15 USC 6101 to 6108; 

15 USC 41 to 58 

Abstract: The Federal Trade 

Commission proposes to amend the 

FTC’s Telemarketing Sales Rule (TSR 

or Rule) to address the sale of debt 

relief services (74 FR 41988). The 

Commission seeks public comment on 

the proposed amendments, which 

would: define the term ‘‘debt relief 

service;’’ ensure that, regardless of the 

medium through which such services 

are initially advertised, telemarketing 

transactions involving debt relief 

services would be subject to the TSR; 

mandate certain disclosures and 

prohibit misrepresentations in the 

telemarketing of debt relief services; 

and prohibit any entity from requesting 

or receiving payment for debt relief 

services until such services have been 

fully performed and documented to the 

consumer. The comment period, as 

extended, closed on October 26, 2009. 

The Commission received hundreds of 

comments from the public. The 

Commission held a public forum on 

November 4, 2009, where Commission 

staff and interested parties discussed 

the proposed amendments and issues 

raised in the comments. On July 29, 

2010, the Commission announced rule 

amendments defining debt relief 

services, prohibiting debt relief 

providers from collecting fees until 

services have been provided, and 

requiring specific disclosures related to 

fundamental aspects of debt relief 

services (75 FR 48458). The rule also 

extends the TSR’s coverage to inbound 

calls and prohibits misrepresentations 

related to success rates and non-profit 

status. With the exception of the 

advance fee ban, the rule’s provisions 

were effective September 27, 2010. 

On October 27, 2010, the Commission 

announced an enforcement policy for 

the TSR Debt Relief Services Rule: The 

Commission will defer enforcement of 

the new rule for tax debt relief services 

until further notice. The enforcement 

policy states, however, that tax debt 

relief services must comply with the 

other portions of the FTC’s 

Telemarketing Sales Rule during the 

enforcement deferral period. Companies 

that sell other kinds of debt relief 

services over the telephone continue to 

be subject to enforcement of the TSR 

Debt Relief Service Rule, including the 

prohibition against charging fees before 

settling or reducing a consumer’s credit 

car or other unsecured debt. 

Separately, Commission staff are 

considering proposed amendments to 

the TSR concerning caller identification 

services and disclosure of the identity 

of the seller or telemarketer responsible 

for telemarketing calls. Staff anticipates 

that the Commission will issue an 

advance notice of proposed rulemaking 

during the first quarter of 2011. 

Commission staff are also considering 

possible amendments to the TSR that 

would provide new or strengthen 

existing anti-fraud provisions, as well 

as make explicit certain other 

requirements in the TSR. Staff 

anticipates that the Commission will 

issue an advance notice of proposed 

rulemaking during the first quarter of 

2011. 

Timetable: 

Action Date FR Cite 

NPRM 08/19/09 74 FR 41988 

NPRM Comment 

Period End 

10/09/09 

NPRM Comment 

Period Extended 

10/15/09 74 FR 52914 

NPRM Extended 

Comment Period 

End 

10/26/09 

Public Forum 11/04/09 

Final Rule 08/10/10 75 FR 48458 

Technical Correction 

to Final Rule 

08/24/10 75 FR 51934 

Effective Date 09/27/10 

Effective Date 

(Advance Fee Ban) 

10/27/10 

ANPRM (Caller ID) 03/00/11 

NPRM (Anti–fraud) 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Allison Brown, 

Attorney, Federal Trade Commission, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580 

Phone: 202 326–3079 

Email: aibrown@ftc.gov 

RIN: 3084–AB19 

[FR Doc. 2010–30466 Filed 12–17–10; 8:45 

am] 

BILLING CODE 6750–01–S 


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