Federal Register: October 15, 2009 (Volume 74, Number 198)
DOCID: fr15oc09-19 FR Doc E9-24730
FEDERAL TRADE COMMISSION
Federal Trade Commission
CFR Citation: 16 CFR Part 310
NOTICE: PROPOSED RULES
DOCID: fr15oc09-19
ACTION: Free Annual File Disclosures:
DOCUMENT ACTION: Extension of comment period.
SUBJECT CATEGORY:
Telemarketing Sales Rule; Extension of Comment Period in the Notice of Proposed Rulemaking
DATES: Written comments addressing the debt relief amendments to the TSR must be received on or before October 26, 2009.
DOCUMENT SUMMARY:
In a Federal Register document announced on July 30, 2009,\1\
and published in the Federal Register on August 19, 2009 (``Notice),\2\
the Federal Trade Commission requested comment on its Notice of
Proposed Rulemaking (``NPRM'') in connection with proposed debt relief
amendments to the Telemarketing Sales Rule (``TSR''). The NPRM stated
that comments must be received on or before October 9, 2009. In
response to a request to extend the comment period received on
September 17, 2009, the Commission has determined to extend the comment period until October 26, 2009.
\1\ The Notice was announced in a press release on July 30,
2009, available at: (http://www.ftc.gov/opa/2009/07/tsr.shtm).
\2\ 74 FR 41988 (Aug. 19, 2009).
SUMMARY:
Telemarketing Sales Rule
SUPPLEMENTAL INFORMATION
On August 19, 2009, the Commission published an NPRM proposing amendments to the Telemarketing Sales Rule (16 CFR part 310) to address concerns about debt relief services. In that Notice, the Commission solicited comment regarding the proposed Rule and provided for a 60day comment period. Thus, the comment period for the NPRM would close October 9, 2009.
On September 17, 2009, U.S. Congressman Dan Burton sent a letter to
FTC Chairman Jon D. Leibowitz requesting a 120day extension of the
comment period, and on October 2, 2009, U.S. Congressman Pete Sessions
and nine other Members of Congress\4\ sent a letter to Chairman
Leibowitz similarly requesting a 120day extension of the comment
period. In their letters, Congressman Burton and the other Members of
Congress state that the NPRM involves issues that are important to many
Members of Congress, who were unable to give the issues proper
consideration due to the August recess and ensuing and pressing
Congressional business. They also state that many members of the public
will be unable to participate in the comment process given the current comment deadline.
\4\ The other signatories are Rep. John Sullivan, Rep. Steve
Scalise, Rep. Lynne Westmoreland, Rep. Sam Johnson, Rep. Sue Myrick,
Rep. Marsha Blackburn, Rep. Mike Coffman, Rep. Tom Price, and Rep. Mary Fallin.
The Commission concludes that although an extension is warranted,
an extension of 120 days is unnecessary to ensure that interested
parties have an adequate opportunity to prepare and submit comments and
would cause undue delay. In addition, the FTC staff is holding a public
forum on November 4, 2009 to discuss the comments received on the
proposed rule and allow members of the public to express views about
the proposed rule. The public forum provides another opportunity to
provide information to the Commission. Requests to participate in the public forum are due on October 9, 2009.\5\
\5\ Additional information about the public forum is available
at (http://www1.ftc.gov/opa/2009/08/tsrforum.shtm).
Accordingly, the Commission has decided to extend the comment period from October 9, 2009 to October 26, 2009. Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ``Telemarketing Sales Rule Debt Relief Amendments, R411001'' to facilitate the organization of comments. Please note that your commentincluding your name and your statewill be placed on the public record of this proceeding, including on the publicly accessible FTC Website at (http://www.ftc.gov/os/ publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's: Social
Security Number; date of birth; driver's license number, other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged orconfidential,'' as provided in Section 6(f)
of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material
for which confidential treatment is requested must be filed in paper
form, must be clearly labeled ``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c).\6\
\6\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR 4.9(c).
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https:// [[Page 52915]]
secure.commentworks.com/ftcTSRDebtRelief) (and following the
instructions on the webbased form). To ensure that the Commission
considers an electronic comment, you must file it on the webbased form
at the weblink (https://secure.commentworks.com/ftcTSRDebtRelief). If
this Notice appears at (http://www.regulations.gov/search/Regs/
home.html
A comment filed in paper form should include the ``Telemarketing Sales Rule Debt Relief Amendments R411001'' reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H135 (Annex T), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC requests that any comment filed in paper form be sent by courier or overnight service, if possible, to avoid security related delays.
Comments on any proposed filing, recordkeeping, or disclosure requirements that are subject to paperwork burden review under the Paperwork Reduction Act should additionally be submitted to: Office of Information and Regulatory Affairs, Office of Management and Budget (``OMB''), Attention: Desk Officer for Federal Trade Commission. Comments should be submitted via facsimile to (202) 3955167 because U.S. postal mail at the OMB is subject to delays due to heightened security precautions.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at (http://www.ftc.gov/os/
publiccomments.shtm). As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC website. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at (http:// www.ftc.gov/ftc/privacy.shtm).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E924730 Filed 101409: 8:45 am]
BILLING CODE 675001S
FOR FURTHER INFORMATION CONTACT
Allison Brown, Division of Financial Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580, (202) 3263224.