Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 13267 

1This section is substantively identical to the 

order that the Commission issued on January 18, 

2024. See Order Postponing Effective Date of Final 

Rule Pending Judicial Review, In re Combating 

Auto Retail Scams Trade Regulation Rule, No. 

P204800 (Jan. 18, 2024), https://www.ftc.gov/ 

system/files/ftc_gov/pdf/P204800CARS

ExtensionOrder.pdf. 

2 In accordance with its rulemaking authority 

under 12 U.S.C. 5519(d), the Commission 

promulgated the CARS Rule pursuant to 15 U.S.C. 

45 and 57a(a)(1)(B) and 5 U.S.C. 553. 12 U.S.C. 

5519(f)(1) and (f)(2) contain the pertinent 

definitions of ‘‘motor vehicle’’ and ‘‘motor vehicle 

dealer,’’ and the Rule applies only to a ‘‘covered’’ 

subset. See 89 FR 590, 693–94 (Jan. 4, 2024) (to be 

codified at 16 CFR 462.3(e) through (f)). 

(h) Exceptions to EASA AD 2021–0125R1 

(1) Where EASA AD 2021–0125R1 refers to 

May 11, 2021 (the effective date of EASA 

Emergency AD 2021–0125–E, dated May 7, 

2021), this AD requires using June 30, 2021 

(the effective date of AD 2021–13–07). 

(2) This AD does not adopt the Remarks 

paragraph of EASA AD 2021–0125R1. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (j) of this AD and 

email to ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

For more information about this AD, 

contact Barbara Caufield, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (781) 238– 

7146; email: barbara.caufield@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0125R1, dated January 30, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2021–0125R1, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; website: 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on January 29, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–03562 Filed 2–21–24; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 463 

RIN 3084–AB72 

Combating Auto Retail Scams Trade 

Regulation Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On January 4, 2024, the 

Federal Trade Commission (‘‘FTC’’ or 

‘‘Commission’’) published a Final Rule 

in the Federal Register, titled 

‘‘Combating Auto Retail Scams Trade 

Regulation Rule’’ (‘‘CARS Rule,’’ 

‘‘Rule,’’ or ‘‘Final Rule’’), in order to 

curtail certain unfair or deceptive acts 

or practices by motor vehicle dealers. 

The CARS Rule was to become effective 

on July 30, 2024. Because of a pending 

legal challenge, this document 

announces that the effective date of the 

Final Rule is delayed until further 

notice. 

DATES: The effective date of the final 

rule adding 16 CFR part 463, published 

at 89 FR 590, January 4, 2024, is delayed 

indefinitely. The FTC will publish a 

subsequent notification in the Federal 

Register announcing the CARS Rule’s 

effective date. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Dwyer or Sanya Shahrasbi, 

Division of Financial Practices, Bureau 

of Consumer Protection, Federal Trade 

Commission, 202–326–2957 (Dwyer), 

202–326–2709 (Shahrasbi), ddwyer@

ftc.gov, sshahrasbi@ftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 1

On January 4, 2024, the Commission 

published a Final Rule in the Federal 

Register, titled ‘‘Combating Auto Retail 

Scams Trade Regulation Rule,’’ to 

curtail certain unfair or deceptive acts 

or practices by motor vehicle dealers. 

See 89 FR 590 (Jan. 4, 2024).2 The CARS 

Rule was to become effective on July 30, 

2024. 

On or about January 5, 2024, the 

National Automobile Dealers 

Association and the Texas Automobile 

Dealers Association (‘‘Petitioners’’) filed 

a Petition for Review (‘‘PFR’’) in the 

United States Court of Appeals for the 

Fifth Circuit. Nat’l Auto. Dealers Ass’n 

v. FTC, No. 24–60013 (5th Cir. filed Jan. 

5, 2024). On January 8, 2024, the 

Petitioners filed a motion with the Fifth 

Circuit seeking a stay of the Rule and 

expedited consideration of their PFR. 

Although Petitioners did not seek a stay 

from the Commission in the first 

instance as required by Rule 18(a)(1) of 

the Federal Rules of Appellate 

Procedure, the Commission has 

nonetheless reviewed Petitioners’ 

motion, construing it as though it were 

a stay request submitted under 

Commission Rule 4.2(d), 16 CFR 4.2(d). 

The Administrative Procedure Act 

(‘‘APA’’) provides, in relevant part, that 

‘‘[w]hen an agency finds that justice so 

requires, it may postpone the effective 

date of action taken by it, pending 

judicial review.’’ See 5 U.S.C. 705. The 

Commission believes the Rule will 

provide consumers with critical 

protections from auto retail scams, 

Petitioners’ challenges to the Rule lack 

merit, and undue delay in the Rule’s 

effective date will harm consumers and 

honest businesses. Petitioners’ 

arguments for a stay rest on 

mischaracterizations of what the Rule 

requires of covered motor vehicle 

dealers, including inaccurate claims that 

the Rule will require dealers to overhaul 

their practices and will substantially 

increase compliance costs. In fact, the 

Rule does not impose substantial costs, 

if any, on dealers that presently comply 

with the law, and to the extent there are 

costs, those are outweighed by the 

benefits to consumers, to law-abiding 

dealers, and to fair competition— 

because honest dealers will no longer be 

at a competitive disadvantage relative to 

dishonest dealers. Nonetheless, 

Petitioners have created uncertainty 

through their assertions and suggestions 

that legally compliant dealers must 

make unnecessary changes to satisfy 

Petitioners’ misunderstandings of the 

Rule. Additionally, Petitioners are 

seeking expedited consideration of the 

PFR, and, if that request is granted, the 

stay of the effective date should not 

postpone implementation of the Rule by 

more than a few months, if at all. 

Balancing the equities here, the 

Commission has determined it is in the 

interests of justice to stay the effective 

date of the Rule to allow for judicial 

review. Once the PFR’s merits are 

resolved, the Commission will publish a 


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13268 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Rules and Regulations 

3See Bauer v. DeVos, 325 F. Supp.3d 74, 106–07 

(D.D.C. 2018); Sierra Club v. Jackson, 833 F. Supp. 

2d 11, 28 (D.D.C. 2012). 

4Because a notice of proposed rulemaking is not 

necessary for this delay of effective date, the 

Commission is not required to prepare a regulatory 

flexibility analysis under the Regulatory Flexibility 

Act. See 5 U.S.C. 603(a), 604(a). 

document in the Federal Register 

establishing a new effective date. 

II. Administrative Procedure Act 

Notice and comment is not required 

when an agency delays the effective 

date of a rule under section 705 of the 

APA because such a stay is not 

substantive rulemaking; it merely 

maintains the status quo to allow for 

judicial review.3

To the extent that a delay in the 

effective date may be deemed a rule, 

such action is also exempt from notice 

and comment as a rule of procedure 

under 5 U.S.C. 553(b)(A).4 Alternatively, 

the Commission finds, for good cause, 

for the reasons stated above, that notice 

and solicitation of public comment 

regarding the delay of the effective date 

for the CARS Rule are impracticable, 

unnecessary, or contrary to the public 

interest pursuant to 5 U.S.C. 553(b)(B). 

Balancing the equities here, the 

Commission has determined that it is in 

the interests of justice to stay the 

effective date of the Rule to allow for 

judicial review. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2024–03559 Filed 2–21–24; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 14 

[Docket No. FDA-2024–N–0017] 

Advisory Committee; Digital Health 

Advisory Committee; Addition to List 

of Standing Committees 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

amending the standing advisory 

committees regulations to add the 

establishment of the Digital Health 

Advisory Committee (the Committee) to 

the list of standing advisory committees. 

DATES: This rule is effective February 

22, 2024. 

FOR FURTHER INFORMATION CONTACT: 

James Swink, Office of Management, 

Center for Devices and Radiological 

Health, Food and Drug Administration, 

10903 New Hampshire Ave., Bldg. 66, 

Rm. 5211, Silver Spring, MD 20993, 

301–796–6313, James.swink@

fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Committee was established on October 

11, 2023, and notice of establishment 

was published in the Federal Register 

on October 12, 2023 (88 FR 70679). 

The Committee will provide advice to 

the Commissioner, or designee, on 

complex scientific and technical issues 

related to digital health technologies 

(DHTs). This also may include advice 

on the regulation of DHTs and/or their 

use, including use of DHTs in clinical 

trials or postmarket studies subject to 

FDA regulation. Topics relating to 

DHTs, such as artificial intelligence/ 

machine learning, augmented reality, 

virtual reality, digital therapeutics, 

wearables, remote patient monitoring, 

and software, may be considered by the 

Committee. The Committee will advise 

the Commissioner on issues related to 

DHTs, including, for example, realworld data, real-world evidence, 

patient-generated health data, 

interoperability, personalized medicine/ 

genetics, decentralized clinical trials, 

use of DHTs in clinical trials for medical 

products, cybersecurity, DHT user 

experience, and Agency policies and 

regulations regarding these 

technologies. The Committee will 

provide relevant expertise and 

perspective to improve Agency 

understanding of the benefits, risks, and 

clinical outcomes associated with use of 

DHTs. The Committee will perform its 

duties by providing advice and 

recommendations on new approaches to 

develop and evaluate DHTs and to 

promote innovation of DHTs, as well as 

identifying risks, barriers, or unintended 

consequences that could result from 

proposed or established Agency policy 

or regulation for topics related to DHTs. 

The Committee shall consist of a core 

of nine voting members including the 

Chair. Members and the Chair are 

selected by the Commissioner or 

designee from among authorities 

knowledgeable in the fields of digital 

health, such as artificial intelligence/ 

machine learning, augmented reality, 

virtual reality, digital therapeutics, 

wearables, remote patient monitoring, 

software development, user experience, 

real-world data, real-world evidence, 

patient-generated health data, 

interoperability, personalized medicine/ 

genetics, decentralized clinical trials, 

cybersecurity, and implementation in 

clinical practice of and patient 

experience with digital health, as well 

as other relevant areas. Members will be 

invited to serve for overlapping terms of 

up to 4 years. Non-Federal members of 

this committee will serve either as 

special government employees or nonvoting representatives. Federal members 

will serve as regular government 

employees. The core of voting members 

may include one technically qualified 

member, selected by the Commissioner 

or designee, who serves as an 

individual, but who is identified with 

consumer interests and is recommended 

by either a consortium of consumeroriented organizations or other 

interested persons. 

The Commissioner or designee shall 

also have the authority to select from a 

group of individuals nominated by 

industry to serve temporarily as nonvoting members who are identified with 

and represent industry interests. The 

number of temporary members selected 

for a particular meeting will depend on 

the meeting topic. 

The Committee name and function 

have been established with the 

establishment of the Committee charter. 

The change became effective October 

11, 2023. Therefore, the Agency is 

amending § 14.100 (21 CFR 14.100) to 

add the Committee name and function 

to its current list as set forth in the 

regulatory text of this document. 

Under 5 U.S.C. 553(b)(3)(B) and (d) 

and 21 CFR 10.40(d) and (e), the Agency 

finds good cause to dispense with notice 

and public comment procedures and to 

proceed to an immediate effective date 

on this rule. Notice and public comment 

and a delayed effective date are 

unnecessary and are not in the public 

interest as this final rule merely amends 

§ 14.100 to include the name of the 

committee and its function that will be 

added consistent with the committee 

charter. 

Therefore, the Agency is amending 

§ 14.100 as set forth in the regulatory 

text of this document. 

List of Subjects in 21 CFR Part 14 

Administrative practice and 

procedure, Advisory committees, Color 

additives, Drugs, Radiation protection. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 14 is 

amended as follows: 

PART 14—PUBLIC HEARING BEFORE 

A PUBLIC ADVISORY COMMITTEE 

■ 1. The authority citation for part 14 

continues to read as follows: 


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