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 Federal Trade Commission 16 CFR Chapter I
 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 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.
 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 Hart-Scott-Rodino Antitrust Improvements Act Exemption Rules, 16 CFR part 802, with its next review in 2020 of the Hart-
                    ( print page 22235)
                    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 review239
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.( print page 22236)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.


# Footnotes

1.
    
                         
                        *http://www.ftc.gov/​ftc/​regreview/​index.shtml.* Back to Citation
 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)
                        *.* Back to Citation
 3.
    
                         These comments are available on the Commission's Web site at 
                        *http://www.ftc.gov/​os/​comments/​regulatoryreviewschedule/​index.shtm.* Back to Citation
 4.
    
                         The 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. Back to Citation


[FR Doc. 2012-8742 Filed 4-12-12; 8:45 am] BILLING CODE 6750-01-P