This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

22234 

Vol. 77, No. 72 

Friday, April 13, 2012 

1http://www.ftc.gov/ftc/regreview/index.shtml. 

2 Federal Trade Commission: Notice Announcing 

Ten-Year Regulatory Review Schedule and Request 

for Public Comment on the Federal Trade 

Commission’s Regulatory Review Program, 76 FR 

41150 (July 13, 2011). 

3These comments are available on the 

Commission’s Web site at http://www.ftc.gov/os/ 

comments/regulatoryreviewschedule/index.shtm. 

FEDERAL TRADE COMMISSION 

16 CFR Chapter I 

Notice of Intent To Request Public 

Comments 

AGENCY: Federal Trade Commission. 

ACTION: Notice of intent to request 

public comments. 

SUMMARY: As part of its ongoing, 

systematic review of all Federal Trade 

Commission rules and guides, the 

Commission announces a modified tenyear 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. 

DATES: Effective April 13, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Further details about particular rules or 

guides may be obtained from the contact 

person listed below for the rule or 

guide. 

SUPPLEMENTARY INFORMATION: To ensure 

that its rules and industry guides stay 

relevant and are not unduly 

burdensome, the Commission reviews 

its rules and guides on a ten-year 

schedule. Each year the Commission 

publishes its review schedule, with 

adjustments in response to public input, 

changes in the marketplace, and 

resource demands. 

When the Commission reviews a rule 

or guide, it publishes a notice in the 

Federal Register seeking public 

comment on the continuing need for the 

rule or guide as well as the rule’s or 

guide’s costs and benefits to consumers 

and businesses. Based on this feedback, 

the Commission may modify or repeal 

the rule or guide to address public 

concerns or changed conditions, or to 

reduce undue regulatory burden. 

The Commission posts information 

about its review schedule on its Web 

site,1 thereby facilitating comment about 

rules and guides, and providing links in 

one location to comment requests, 

comment forms, and comments for rules 

and guides that are currently under 

review. The Web site also has a 

continuously updated review schedule, 

a list of rules and guides previously 

eliminated in the regulatory review 

process, and the Commission’s 

regulatory review plan. 

When the Commission published its 

regulatory review schedule for 2011– 

2020, it also sought input on ways to 

improve its regulatory review program.2

The Commission received three 

comments in response.3

Two commenters, the Association of 

Home Appliance Manufacturers 

(‘‘AHAM’’) and Whirlpool Corporation 

(‘‘Whirlpool’’), urged the Commission to 

reconsider its earlier decision to 

accelerate review of the Appliance 

Labeling Rule to 2012. AHAM 

explained, and Whirlpool concurred, 

that the Commission should avoid 

frequent rule revisions unless existing 

requirements are outdated, overly 

burdensome, or deficient. However, the 

Appliance Labeling Rule warrants a 

comprehensive review at this time that 

will allow the Commission to consider 

burden reductions associated with 

existing reporting requirements, explore 

ways to reduce the number of labels 

missing in showrooms, improve access 

to label information on retail Web sites, 

and consider whether additional 

consumer products should have energy 

labels. Therefore, the Commission has 

proceeded with the scheduled review of 

the Appliance Labeling Rule, 16 CFR 

part 305. 

The Chamber of Commerce of the 

United States of America submitted a 

comment that noted the Commission’s 

commitment to regulatory review and 

reduction of unnecessary burdens on 

business, but did not address the 

questions posed by the Commission, or 

any other aspect of the Commission’s 

regulatory review plan. Rather, it 

expressed various concerns, principally 

relating to transparency and scope, 

regarding Commission enforcement of 

Section 5 of the Federal Trade 

Commission Act, 15 U.S.C. 45. The 

Commission notes that it is familiar 

with these concerns generally, has 

addressed them in various forums, and 

will continue to do so. 

Modified Ten-Year Schedule for 

Review of FTC Rules and Guides 

For 2012, the Commission intends to 

initiate reviews of, and solicit public 

comments on, the following guides: 

(1) Guides for the Rebuilt, 

Reconditioned and Other Used 

Automobile Parts Industry, 16 CFR part 

20. Agency Contact: Jonathan L. Kessler, 

(216) 263–3436, Federal Trade 

Commission, East Central Region, 1111 

Superior Ave E # 200, Cleveland, OH 

44114–2577. 

(2) Guides for the Jewelry, Precious 

Metals, and Pewter Industries, 16 CFR 

part 23. Agency Contact: Reenah Kim, 

(202) 326–2272, Federal Trade 

Commission, Bureau of Consumer 

Protection, Division of Enforcement, 600 

Pennsylvania Ave. NW., Washington, 

DC 20580. 

(3) Guides for Advertising Allowances 

and Other Merchandising Payments and 

Services, 16 CFR part 240. Agency 

Contact: Michael Bloom, (202) 326– 

2475, Federal Trade Commission, 

Bureau of Competition, 600 

Pennsylvania Ave. NW., Washington, 

DC 20580. 

The Commission is currently 

reviewing 22 of the 65 rules and guides 

within its jurisdiction. Due to resource 

constraints caused by the large number 

of rules and guides under review, the 

Commission is postponing review of the 

following matters previously scheduled 

for review in 2012: Guides Against 

Deceptive Pricing, 16 CFR part 233; 

Guides Against Bait Advertising, 16 CFR 

part 238; Guides Concerning Use of the 

Word ‘‘Free’’ and Similar 

Representations, 16 CFR part 251; and 

the Preservation of Consumers’ Claims 

and Defenses Rule [Holder in Due 

Course Rule], 16 CFR part 433. It is 

postponing the reviews of the three 

guides until 2017, and the review of the 

rule until 2013. 

The Commission is also consolidating 

its review of the Hart-Scott-Rodino 

Antitrust Improvements Act Coverage 

Rules, 16 CFR part 801; and the HartScott-Rodino Antitrust Improvements 

Act Exemption Rules, 16 CFR part 802, 

with its next review in 2020 of the HartVerDate Mar<15>2010 16:47 Apr 12, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\13APP1.SGM 13APP1

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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 22235 

4The Hart-Scott-Rodino (‘‘HSR’’) program 

includes an ongoing review of all the HSR rules. In 

2011, the Commission made significant changes to 

16 CFR part 803 by overhauling the premerger 

notification form. The Commission also amended 

the definition of ‘‘associates’’ in 16 CFR part 801, 

and made minor amendments to several exemption 

rules in 16 CFR part 802. See the Statement of Basis 

and Purpose, Federal Trade Commission: Premerger 

Notification; Reporting and Waiting Period 

Requirements, 76 FR 42471 (July 19, 2011) at http://

www.gpo.gov/fdsys/pkg/FR-2011-07-19/pdf/2011- 

17822.pdf. As this review covered all sections of the 

HSR rules, it is appropriate to consolidate future 

reviews of these rules with the next scheduled 

review of 16 CFR part 803. The Commission will 

accelerate these reviews if necessary. 

Scott-Rodino Antitrust Improvement 

Act Transmittal Rules.4

A copy of the Commission’s modified 

regulatory review schedule for 2012 

through 2021 is appended. The 

Commission, in its discretion, may 

modify or reorder the schedule in the 

future to incorporate new rules, or to 

respond to external factors (such as 

changes in the law) or other 

considerations. 

Authority: 15 U.S.C. 41–58. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

Appendix 

REGULATORY REVIEW

MODIFIED TEN-YEAR SCHEDULE

16 CFR part Topic Year to review 

239 .................... Guides for the Advertising of Warranties and Guarantees ................................................................ Currently Under Review. 

254 .................... Guides for Private Vocational and Distance Education Schools ....................................................... Currently Under Review. 

259 .................... Guide Concerning Fuel Economy Advertising for New Automobiles ................................................. Currently Under Review. 

260 .................... Guides for the Use of Environmental Marketing Claims .................................................................... Currently Under Review. 

300 .................... Rules and Regulations Under the Wool Products Labeling Act of 1939 ........................................... Currently Under Review. 

301 .................... Rules and Regulations Under Fur Products Labeling Act ................................................................. Currently Under Review. 

303 .................... Rules and Regulations Under the Textile Fiber Products Identification Act ...................................... Currently Under Review. 

305 .................... Appliance Labeling Rule ..................................................................................................................... Currently Under Review. 

306 .................... Automotive Fuel Ratings, Certification and Posting ........................................................................... Currently Under Review. 

308 .................... Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 

[Pay Per Call Rule].

Currently Under Review. 

309 .................... Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles ................................. Currently Under Review. 

312 .................... Children’s Online Privacy Protection Rule ......................................................................................... Currently Under Review. 

423 .................... Care Labeling of Textile Wearing Apparel and Certain Piece Goods ............................................... Currently Under Review. 

424 .................... Retail Food Store Advertising and Marketing Practices [Unavailability Rule] ................................... Currently Under Review. 

425 .................... Use of Prenotification Negative Option Plans .................................................................................... Currently Under Review. 

429 .................... Rule Concerning the Cooling-Off Period for Sales Made at Homes or at Certain Other Locations Currently Under Review. 

435 .................... Mail or Telephone Order Merchandise ............................................................................................... Currently Under Review. 

455 .................... Used Motor Vehicle Trade Regulation Rule ....................................................................................... Currently Under Review. 

700 .................... Interpretations of Magnuson-Moss Warranty Act ............................................................................... Currently Under Review. 

701 .................... Disclosure of Written Consumer Product Warranty Terms and Conditions ...................................... Currently Under Review. 

702 .................... Pre-Sale Availability of Written Warranty Terms ................................................................................ Currently Under Review. 

703 .................... Informal Dispute Settlement Procedures ............................................................................................ Currently Under Review. 

20 ...................... Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry .......................... 2012. 

23 ...................... Guides for the Jewelry, Precious Metals, and Pewter Industries ...................................................... 2012. 

240 .................... Guides for Advertising Allowances and Other Merchandising Payments and Services ................... 2012. 

310 .................... Telemarketing Sales Rule .................................................................................................................. 2013. 

433 .................... Preservation of Consumers’ Claims and Defenses [Holder in Due Course Rule] ............................ 2013. 

500 .................... Regulations Under Section 4 of the Fair Packaging and Labeling Act ............................................. 2013. 

501 .................... Exemptions From Requirements and Prohibitions under Part 500 ................................................... 2013. 

502 .................... Regulations Under Section 5(c) of the Fair Packaging and Labeling Act ......................................... 2013. 

503 .................... Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] .......... 2013. 

304 .................... Rules and Regulations Under the Hobby Protection Act ................................................................... 2014. 

314 .................... Standards for Safeguarding Customer Information ............................................................................ 2014. 

315 .................... Contact Lens Rule .............................................................................................................................. 2015. 

316 .................... CAN–SPAM Rule ................................................................................................................................ 2015. 

456 .................... Ophthalmic Practice Rules (Eyeglass Rule) ...................................................................................... 2015. 

460 .................... Labeling and Advertising of Home Insulation ..................................................................................... 2016. 

682 .................... Disposal of Consumer Report Information and Records ................................................................... 2016. 

233 .................... Guides Against Deceptive Pricing ...................................................................................................... 2017. 

238 .................... Guides Against Bait Advertising ......................................................................................................... 2017. 

251 .................... Guide Concerning Use of the Word AFree@ and Similar Representations ...................................... 2017. 

410 .................... Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets ........ 2017. 

18 ...................... Guides for the Nursery Industry ......................................................................................................... 2018. 

311 .................... Test Procedures and Labeling Standards for Recycled Oil ............................................................... 2018. 

436 .................... Disclosure Requirements and Prohibitions Concerning Franchising ................................................. 2018. 

681 .................... Identity Theft [Red Flag] Rules ........................................................................................................... 2018. 

24 ...................... Guides for Select Leather and Imitation Leather Products ................................................................ 2019. 

453 .................... Funeral Industry Practices .................................................................................................................. 2019. 

14 ...................... Administrative Interpretations, General Policy Statements, and Enforcement Policy Statements .... 2020. 

255 .................... Guides Concerning Use of Endorsements and Testimonials in Advertising ..................................... 2020. 

313 .................... Privacy of Consumer Financial Information ....................................................................................... 2020. 

317 .................... Prohibition of Energy Market Manipulation Rule ................................................................................ 2020. 

318 .................... Health Breach Notification Rule ......................................................................................................... 2020. 

432 .................... Power Output Claims for Amplifiers Utilized in Home Entertainment Products ................................ 2020. 

444 .................... Credit Practices .................................................................................................................................. 2020. 

640 .................... Duties of Creditors Regarding Risk-Based Pricing ............................................................................ 2020. 


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22236 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 

REGULATORY REVIEW—Continued 

MODIFIED TEN-YEAR SCHEDULE

16 CFR part Topic Year to review 

641 .................... Duties of Users of Consumer Reports Regarding Address Discrepancies ....................................... 2020. 

642 .................... Prescreen Opt-Out Notice .................................................................................................................. 2020. 

660 .................... Duties of Furnishers of Information to Consumer Reporting Agencies ............................................. 2020. 

680 .................... Affiliate Marketing ............................................................................................................................... 2020. 

698 .................... Model Forms and Disclosures ............................................................................................................ 2020. 

801 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules ..................................................... 2020. 

802 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules .................................................... 2020. 

803 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules ................................................... 2020. 

437 .................... Disclosure Requirements and Prohibitions Concerning Business Opportunities .............................. 2021. 

[FR Doc. 2012–8742 Filed 4–12–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF LABOR 

Office of the Secretary of Labor 

29 CFR Part 15 

Employment and Training 

Administration 

20 CFR Parts 638 and 670 

RIN 1290–AA25 

Administrative Claims Under the 

Federal Tort Claims Act and Related 

Statutes 

AGENCY: Office of the Secretary, 

Employment and Training 

Administration, Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This amendment revises the 

Department of Labor’s (DOL’s) 

regulations governing administrative 

claims submitted to DOL pursuant to 

the Federal Tort Claims Act (FTCA), the 

Military Personnel and Civilian 

Employees’ Claims Act (MPCECA), and 

for payment of claims arising out of the 

operation of the Job Corps. The 

regulations governing such claims were 

last revised in 1995. MPCECA has since 

been amended to allow payment of up 

to $100,000 if the claim arose from an 

emergency or extraordinary 

circumstance. Further, the 

implementing authority for the Job 

Corps was changed to the Workforce 

Investment Act (WIA) since the last time 

the regulations were updated. These 

regulations are being amended to reflect 

those changes, improve the clarity and 

ease of use of the regulations, and to 

harmonize the regulations governing 

these claims between those regulations 

in titles 20 and 29 of the CFR, which 

includes deleting the references to these 

claims in 20 CFR part 638 as these 

revisions have rendered those sections 

unnecessary. Finally, the regulations in 

title 20 have also been updated to reflect 

the recently revised regulations 

regarding claims of Job Corps students 

under the Federal Employees’ 

Compensation Act (FECA). 

DATES: Written comments must be 

received on or before June 12, 2012. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

Regulatory Information Number (RIN) 

1290–AA25, by ONE of the following 

methods: 

Federal e-Rulemaking Portal: The 

Internet address to submit comments on 

the rule is http://www.regulations.gov. 

Follow the Web site instructions for 

submitting comments. 

Mail: Submit written comments to 

Catherine P. Carter, Counsel for Claims 

and Compensation, Office of the 

Solicitor, U.S. Department of Labor, 

Room S–4325, 200 Constitution Avenue 

NW., Washington, DC 20210. Because of 

security measures, mail directed to 

Washington, DC is sometimes delayed. 

We will only consider comments 

postmarked by the U.S. Postal Service or 

other delivery service on or before the 

deadline for comments. 

Instructions: All comments must 

include the RIN 1290–AA25 for this 

rulemaking. Receipt of any comments, 

whether by mail or Internet, will not be 

acknowledged. Because DOL continues 

to experience delays in receiving postal 

mail in the Washington, DC area, 

commenters are encouraged to submit 

any comments by mail early. 

Comments on the proposed rule will 

be available for public inspection during 

normal business hours at the address 

listed above for mailed comments. 

Persons who need assistance to review 

the comments will be provided with 

appropriate aids such as readers or print 

magnifiers. Copies of this proposed rule 

may be obtained in alternative formats 

(e.g., large print, audiotape or disk) 

upon request. To schedule an 

appointment to review the comments 

and/or to obtain the proposed rule in an 

alternative format, contact DOL at 202– 

693–5320 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Catherine P. Carter, Counsel for Claims 

and Compensation, Office of the 

Solicitor, U.S. Department of Labor, 

Room S–4325, 200 Constitution Avenue 

NW., Washington, DC 20210, 

Telephone: 202–693–5320 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access this telephone number via TTY 

by calling the toll-free Federal 

Information Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule and Concurrent, 

Identical Direct Final Rule 

Since this rule is not controversial 

and primarily concerns agency 

procedures, we have determined that 

the subject of this rulemaking is suitable 

for a direct final rule. No significant 

adverse comments are anticipated. 

Accordingly, concurrent with this 

proposed rule, a separate, identical 

direct final rule is published in today’s 

issue of the Federal Register. The 

duplicate direct final rule will expedite 

rulemaking in the event no significant 

adverse comments are received and we 

withdraw this notice of proposed 

rulemaking. All interested parties 

should comment at this time because we 

will not initiate an additional comment 

period. If no significant adverse 

comments to the accompanying 

proposed rule are received on or before 

June 12, 2012, the direct final rule will 

become effective July 12, 2012 without 

further notice. 

If significant adverse comments are 

received, we will publish a timely 

notice in the Federal Register 

withdrawing the direct final rule, and 

will then proceed with the rulemaking 

by addressing the comments and 

developing a final rule from this 

proposed rule. For purposes of 

withdrawing the direct final rule, a 

significant adverse comment is one that 

explains (1) why the direct final rule is 


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