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 June 30, 2011, by the Office of Management and Budget in accordance with the provisions of Executive Order No. 12866, "Regulatory Planning and Review," 58 FR 51735 (Sept. 30, 1993), as incorporated in Executive Order 13563, "Improving Regulation and Regulatory Review," 76 FR 3821 (Jan. 18, 2011) and Executive Order 13579 "Regulation and Independent Regulatory Agencies" (July 11, 2011).

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.

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. For fall 2011, the Commission has no proposed rules that would be required to be published in the Federal Register by the Regulatory Flexibility Act's Agenda requirements.

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) Rules and Regulations Under the Wool Products Labeling Act of 1939, 16 CFR 300; (2) Fur Products Labeling Act Rules, 16 CFR 301; (3) Rules and Regulations Under the Textile Fiber Identification Act, 16 CFR 303; (4) the Appliance Labeling Rule, 16 CFR 305; (5) the Automotive Fuel Ratings, Certification, and Posting Rule, 16 CFR 306; (6) the Pay-Per-Call Rule (or "the 1-900 Rule"), 16 CFR 308; (7) Labeling Requirements for Alternative Fuels and Alternative-Fueled Vehicles, 16 CFR 309; (8) Telemarketing Sales Rule, 16 CFR 310; (9) Children's Online Privacy Protection Rule, 16 CFR 312; (10) the Rulemakings with Respect to Mortgage Loans, 16 CFR 321, 322; (11) Care Labeling of Textile Apparel and Certain Piece Goods as Amended, 16 CFR 423; (12) Retail Food Store Advertising and Marketing Practices, 16 CFR 424; (13) the Negative Option Rule, 16 CFR 425; (14) the Cooling-Off Rule, 16 CFR 429; (15) the Amplifier Rule, 16 CFR 432; (16) the Holder-in-Due Course Rule, 16 CFR 433; (17) Mail or Telephone Order Merchandise Rule, 16 CFR 435; (18) the Business Opportunity Rule, 16 CFR 437; (19) the Used Car Rule, 16 CFR 455; (20) 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; (21) Disclosure of Written Consumer Product Warranty Terms and Conditions, 16 CFR 701; (22) Pre-Sale Availability of Written Warranty Terms, 16 CFR 702; and (23) Informal Dispute Settlement Procedures, 16 CFR 703.

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 Executive Order 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


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, 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.

NAME: Donald S. Clark,