[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Proposed Rules]
[Pages 22234-22236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8742]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 22234]]



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.

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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.
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    \1\ http://www.ftc.gov/ftc/regreview/index.shtml.
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    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\
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    \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).
    \3\ These comments are available on the Commission's Web site at 
http://www.ftc.gov/os/comments/regulatoryreviewschedule/index.shtm.
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    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 <greek-i> 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-

[[Page 22235]]

Scott-Rodino Antitrust Improvement Act Transmittal Rules.\4\
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    \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:[sol][sol]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.
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    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
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           16 CFR part                           Topic                              Year to review
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239..............................  Guides for the Advertising of      Currently Under Review.
                                    Warranties and Guarantees.
254..............................  Guides for Private Vocational and  Currently Under Review.
                                    Distance Education Schools.
259..............................  Guide Concerning Fuel Economy      Currently Under Review.
                                    Advertising for New Automobiles.
260..............................  Guides for the Use of              Currently Under Review.
                                    Environmental Marketing Claims.
300..............................  Rules and Regulations Under the    Currently Under Review.
                                    Wool Products Labeling Act of
                                    1939.
301..............................  Rules and Regulations Under Fur    Currently Under Review.
                                    Products Labeling Act.
303..............................  Rules and Regulations Under the    Currently Under Review.
                                    Textile Fiber Products
                                    Identification Act.
305..............................  Appliance Labeling Rule..........  Currently Under Review.
306..............................  Automotive Fuel Ratings,           Currently Under Review.
                                    Certification and Posting.
308..............................  Trade Regulation Rule Pursuant to  Currently Under Review.
                                    the Telephone Disclosure and
                                    Dispute Resolution Act of 1992
                                    [Pay Per Call Rule].
309..............................  Labeling Requirements for          Currently Under Review.
                                    Alternative Fuels and
                                    Alternative Fueled Vehicles.
312..............................  Children's Online Privacy          Currently Under Review.
                                    Protection Rule.
423..............................  Care Labeling of Textile Wearing   Currently Under Review.
                                    Apparel and Certain Piece Goods.
424..............................  Retail Food Store Advertising and  Currently Under Review.
                                    Marketing Practices
                                    [Unavailability Rule].
425..............................  Use of Prenotification Negative    Currently Under Review.
                                    Option Plans.
429..............................  Rule Concerning the Cooling-Off    Currently Under Review.
                                    Period for Sales Made at Homes
                                    or at Certain Other Locations.
435..............................  Mail or Telephone Order            Currently Under Review.
                                    Merchandise.
455..............................  Used Motor Vehicle Trade           Currently Under Review.
                                    Regulation Rule.
700..............................  Interpretations of Magnuson-Moss   Currently Under Review.
                                    Warranty Act.
701..............................  Disclosure of Written Consumer     Currently Under Review.
                                    Product Warranty Terms and
                                    Conditions.
702..............................  Pre-Sale Availability of Written   Currently Under Review.
                                    Warranty Terms.
703..............................  Informal Dispute Settlement        Currently Under Review.
                                    Procedures.
20...............................  Guides for the Rebuilt,            2012.
                                    Reconditioned and Other Used
                                    Automobile Parts Industry.
23...............................  Guides for the Jewelry, Precious   2012.
                                    Metals, and Pewter Industries.
240..............................  Guides for Advertising Allowances  2012.
                                    and Other Merchandising Payments
                                    and Services.
310..............................  Telemarketing Sales Rule.........  2013.
433..............................  Preservation of Consumers' Claims  2013.
                                    and Defenses [Holder in Due
                                    Course Rule].
500..............................  Regulations Under Section 4 of     2013.
                                    the Fair Packaging and Labeling
                                    Act.
501..............................  Exemptions From Requirements and   2013.
                                    Prohibitions under Part 500.
502..............................  Regulations Under Section 5(c) of  2013.
                                    the Fair Packaging and Labeling
                                    Act.
503..............................  Statements of General Policy or    2013.
                                    Interpretation [under the Fair
                                    Packaging and Labeling Act].
304..............................  Rules and Regulations Under the    2014.
                                    Hobby Protection Act.
314..............................  Standards for Safeguarding         2014.
                                    Customer Information.
315..............................  Contact Lens Rule................  2015.
316..............................  CAN-SPAM Rule....................  2015.
456..............................  Ophthalmic Practice Rules          2015.
                                    (Eyeglass Rule).
460..............................  Labeling and Advertising of Home   2016.
                                    Insulation.
682..............................  Disposal of Consumer Report        2016.
                                    Information and Records.
233..............................  Guides Against Deceptive Pricing.  2017.
238..............................  Guides Against Bait Advertising..  2017.
251..............................  Guide Concerning Use of the Word   2017.
                                    AFree@ and Similar
                                    Representations.
410..............................  Deceptive Advertising as to Sizes  2017.
                                    of Viewable Pictures Shown by
                                    Television Receiving Sets.
18...............................  Guides for the Nursery Industry..  2018.
311..............................  Test Procedures and Labeling       2018.
                                    Standards for Recycled Oil.
436..............................  Disclosure Requirements and        2018.
                                    Prohibitions Concerning
                                    Franchising.
681..............................  Identity Theft [Red Flag] Rules..  2018.
24...............................  Guides for Select Leather and      2019.
                                    Imitation Leather Products.
453..............................  Funeral Industry Practices.......  2019.
14...............................  Administrative Interpretations,    2020.
                                    General Policy Statements, and
                                    Enforcement Policy Statements.
255..............................  Guides Concerning Use of           2020.
                                    Endorsements and Testimonials in
                                    Advertising.
313..............................  Privacy of Consumer Financial      2020.
                                    Information.
317..............................  Prohibition of Energy Market       2020.
                                    Manipulation Rule.
318..............................  Health Breach Notification Rule..  2020.
432..............................  Power Output Claims for            2020.
                                    Amplifiers Utilized in Home
                                    Entertainment Products.
444..............................  Credit Practices.................  2020.
640..............................  Duties of Creditors Regarding      2020.
                                    Risk[dash]Based Pricing.

[[Page 22236]]

 
641..............................  Duties of Users of Consumer        2020.
                                    Reports Regarding Address
                                    Discrepancies.
642..............................  Prescreen Opt-Out Notice.........  2020.
660..............................  Duties of Furnishers of            2020.
                                    Information to Consumer
                                    Reporting Agencies.
680..............................  Affiliate Marketing..............  2020.
698..............................  Model Forms and Disclosures......  2020.
801..............................   [Hart-Scott-Rodino Antitrust      2020.
                                    Improvements Act] Coverage Rules.
802..............................   [Hart-Scott-Rodino Antitrust      2020.
                                    Improvements Act] Exemption
                                    Rules.
803..............................   [Hart-Scott-Rodino Antitrust      2020.
                                    Improvements Act] Transmittal
                                    Rules.
437..............................  Disclosure Requirements and        2021.
                                    Prohibitions Concerning Business
                                    Opportunities.
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[FR Doc. 2012-8742 Filed 4-12-12; 8:45 am]
BILLING CODE 6750-01-P