80_FR_53443 80 FR 53272 - Contact Lens Rule

80 FR 53272 - Contact Lens Rule

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53272-53274
FR Document2015-21577

The Commission is requesting public comments on the Contact Lens Rule, which requires that eyecare prescribers provide a copy of a consumer's prescription to the consumer upon completion of a contact lens fitting and verify or provide prescriptions to authorized third parties. The Rule also mandates that a contact lens seller may sell contact lenses only in accordance with a prescription that the seller either: (a) Has received from the patient or prescriber; or (b) has verified through direct communication with the prescriber. The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule as part of its systematic review of all current Commission regulations and guides. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule.

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Proposed Rules]
[Pages 53272-53274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21577]


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FEDERAL TRADE COMMISSION

16 CFR Part 315


Contact Lens Rule

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Request for comment.

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SUMMARY: The Commission is requesting public comments on the Contact 
Lens Rule, which requires that eyecare prescribers provide a copy of a 
consumer's prescription to the consumer upon completion of a contact 
lens fitting and verify or provide prescriptions to authorized third 
parties. The Rule also mandates that a contact lens seller may sell 
contact lenses only in accordance with a prescription that the seller 
either: (a) Has received from the patient or prescriber; or (b) has 
verified through direct communication with the prescriber. The 
Commission is soliciting comments about the efficiency, costs, 
benefits, and regulatory impact of the Rule as part of its systematic 
review of all current Commission regulations and guides. All interested 
persons are hereby given notice of the opportunity to submit written 
data, views, and arguments concerning the Rule.

DATES: Written comments must be received on or before October 26, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/contactlensrule online or on paper, by 
following the instructions in the Instructions for Submitting Comments 
part of the SUPPLEMENTARY INFORMATION section below. Write ``Contact 
Lens Rule, 16 CFR part 315, Project No. R511995'' on your comment, and 
file your comment online at https://ftcpublic.commentworks.com/ftc/contactlensrule by following the instructions on the web-based form. If 
you prefer to file your comment on paper, write ``Contact Lens Rule, 16 
CFR

[[Page 53273]]

part 315, Project No. R511995'' on your comment and on the envelope and 
mail your comment to the following address: Federal Trade Commission, 
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 
(Annex C), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
C), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Alysa Bernstein, Attorney, (202) 326-
3289, or Bonnie McGregor, Federal Trade Investigator, (202) 326-2356, 
Division of Advertising Practices, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    In 2003, Congress enacted The Fairness to Contact Lens Consumers 
Act, 15 U.S.C. 7601-7610, and pursuant to the Act, the Commission 
promulgated the Contact Lens Rule on July 2, 2004.\1\ The Rule went 
into effect on August 2, 2004.
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    \1\ Contact Lens Rule, 16 CFR part 315.
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    The Contact Lens Rule is intended to facilitate the ability of 
consumers to comparison shop for contact lenses while ensuring that 
contact lenses are sold only in accordance with a valid prescription. 
The Rule requires that eyecare prescribers provide a copy of a 
prescription to the consumer upon completion of a contact lens fitting 
and verify or provide prescriptions to authorized third parties.\2\
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    \2\ 16 CFR 315.3(a).
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    The Rule specifies that a prescriber may not require the purchase 
of contact lenses as a condition of providing the prescription or 
verification, may not require payment in addition to, or as a part of, 
the fee for an eye examination, fitting, and evaluation as a condition 
of providing the prescription or verification, and may not require the 
patient to sign a waiver or release as a condition of releasing or 
verifying the prescription.\3\ The prescriber is also prohibited from 
requiring immediate payment before the release of a prescription, 
unless the prescriber requires immediate payment when an exam reveals 
that the consumer does not need ophthalmic goods.\4\
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    \3\ 16 CFR 315.3(b).
    \4\ 16 CFR 315.4.
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    The Rule also places certain restrictions on sellers. It mandates 
that sellers sell contact lenses only in accordance with a prescription 
that is either presented to the seller or verified by direct 
communication with the prescriber.\5\ The Rule sets out the information 
that must be included in a seller's verification request, and directs 
that a prescription is only verified under the Rule if: (1) A 
prescriber confirms the prescription is accurate, (2) a prescriber 
informs the seller that the prescription is inaccurate and provides an 
accurate prescription, or (3) if the prescriber fails to communicate 
with the seller within eight business hours after receiving a compliant 
verification request.\6\ The Rule states that if the prescriber informs 
the seller within eight hours of receiving the verification request 
that the prescription is inaccurate, expired, or invalid, the seller 
shall not fill the prescription.\7\
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    \5\ 16 CFR 315.5(a).
    \6\ 16 CFR 315.5(b)-(c).
    \7\ 16 CFR 315.5(d). If the prescription communicated by the 
seller is inaccurate, the prescriber shall correct it. Id.
---------------------------------------------------------------------------

    Sellers may not alter a prescription, but for private label contact 
lenses, may substitute identical contact lenses that the same company 
manufactures and sells under a different name.\8\ Sellers and others 
involved in the manufacture, assembly, processing and distribution of 
contact lenses are prohibited from representing that contact lenses may 
be obtained without a prescription.\9\
---------------------------------------------------------------------------

    \8\ 16 CFR 315.5(e).
    \9\ 16 CFR 315.7.
---------------------------------------------------------------------------

    The Contact Lens Rule sets a minimum expiration date of one year 
after the issue date of a prescription with an exception based on a 
patient's ocular health.\10\ The Rule also implements the Act by 
providing that ``state and local laws and regulations that establish a 
prescription expiration date of less than one year or that restrict 
prescription release or require active verification are pre-empted.'' 
\11\
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    \10\ 16 CFR 315.6.
    \11\ 16 CFR 315.11(a). The Rule states further that ``[a]ny 
other state or local laws or regulations that are inconsistent with 
the Act or this part are prempted to the extent of the 
inconsistency.'' 16 CFR 315.11(b).
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II. Regulatory Review of the Contact Lens Rule

    The Commission periodically reviews all of its rules and guides. 
These reviews seek information about the costs and benefits of the 
agency's rules and guides, and their regulatory and economic impact. 
The information obtained assists the Commission in identifying those 
rules and guides that warrant modification or rescission. Therefore, 
the Commission solicits comments on, among other things, the economic 
impact and benefits of the Rule; possible conflict between the Rule and 
State, local, or other Federal laws or regulations; and the effect on 
the Rule of any technological, economic, or other industry changes 
since the Rule was promulgated.

III. Issues for Comment

    The Commission requests written comment on any or all of the 
following questions. These questions are designed to assist the public 
and should not be construed as a limitation on the issues on which 
public comment may be submitted. The Commission requests that responses 
to its questions be as specific as possible, including a reference to 
the question being answered, and reference to empirical data or other 
evidence upon which comments are based wherever available and 
appropriate.
    1. Is there a continuing need for the Rule? Why or why not?
    2. What benefits has the Rule provided to consumers? What evidence 
supports the asserted benefits?
    3. What modifications, if any, should be made to the Rule to 
increase its benefits to consumers?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the costs the Rule imposes 
on businesses, including small businesses?
    c. How would these modifications affect the benefits to consumers?
    4. What impact has the Rule had on the flow of truthful information 
to consumers and on the flow of deceptive information to consumers?
    5. What significant costs, if any, has the Rule imposed on 
consumers? What evidence supports the asserted costs?
    6. What modifications, if any, should be made to the Rule to reduce 
any costs imposed on consumers?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the benefits provided by 
the Rule?
    7. What benefits, if any, has the Rule provided to businesses, 
including small businesses? What evidence supports the asserted 
benefits?
    8. What modifications, if any, should be made to the Rule to 
increase its benefits to businesses, including small businesses?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the costs the Rule imposes 
on businesses, including small businesses?
    c. How would these modifications affect the benefits to consumers?
    9. What significant costs, if any, including costs of compliance, 
has the Rule imposed on businesses, including small businesses? What 
evidence supports the asserted costs?

[[Page 53274]]

    10. What modifications, if any, should be made to the Rule to 
reduce the costs imposed on businesses, including small businesses?
    a. What evidence supports the proposed modifications?
    b. How would these modifications affect the benefits provided by 
the Rule?
    11. What evidence is available concerning the degree of industry 
compliance with the Rule?
    12. What modifications, if any, should be made to the Rule to 
account for changes in relevant technology or economic conditions? What 
evidence supports the proposed modifications?
    13. Does the Rule overlap or conflict with other federal, state, or 
local laws or regulations? If so, how?
    a. What evidence supports the asserted conflicts?
    b. With reference to the asserted conflicts, should the Rule be 
modified? If so, why, and how? If not, why not?

IV. Instructions for Submitting Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 26, 
2015. Write ``Contact Lens Rule, 16 CFR part 315, Project No. R511995'' 
on the comment. Your comment, including your name and your state, will 
be placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site. Because your 
comment will be made public, you are solely responsible for making sure 
that your comment does not include any sensitive personal information, 
such as a Social Security number, date of birth, driver's license 
number or other state identification number or foreign country 
equivalent, passport number, financial account number, or credit or 
debit card number. You are also solely responsible for making sure that 
your comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information.
    In addition, do not include any ``[t]rade secret or any commercial 
or financial information which is . . . privileged or confidential,'' 
as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC 
Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include 
competitively sensitive information such as costs, sales statistics, 
inventories, formulas, patterns, devices, manufacturing processes, or 
customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c). In particular, the written request for 
confidential treatment that accompanies the comment must include the 
factual and legal basis for the request, and must identify the specific 
portions of the comments to be withheld from the public record. Your 
comment will be kept confidential only if the FTC General Counsel, in 
his or her sole discretion, grants your request in accordance with the 
law and the public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comment online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/contactlensrule by following the instructions on the web-based 
form. If this document appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    If you file your comment on paper, write ``Contact Lens Rule, 16 
CFR part 315, Project No. R511995'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex C), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
C), Washington, DC 20024.
    Visit the Commission Web site at http://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
that 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 on or before October 26, 2015. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2015-21577 Filed 9-2-15; 8:45 am]
BILLING CODE 6750-01-P



                                                 53272               Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules

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                                                   1437, Revision 1 (Volumes 1–3), June 21, 2013.
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                                                   Dated at Rockville, Maryland, this 25th day           Rule, which requires that eyecare                     written data, views, and arguments
                                                 of August, 2015.                                        prescribers provide a copy of a                       concerning the Rule.
                                                   For the Nuclear Regulatory Commission.                consumer’s prescription to the                        DATES: Written comments must be
                                                 Annette L. Vietti-Cook,                                 consumer upon completion of a contact                 received on or before October 26, 2015.
                                                 Secretary of the Commission.                            lens fitting and verify or provide
                                                 [FR Doc. 2015–21834 Filed 9–2–15; 8:45 am]              prescriptions to authorized third parties.            ADDRESSES:   Interested parties may file a
                                                                                                                                                               comment at https://
                                                 BILLING CODE 7590–01–P                                  The Rule also mandates that a contact
                                                                                                                                                               ftcpublic.commentworks.com/ftc/
                                                                                                         lens seller may sell contact lenses only
                                                                                                                                                               contactlensrule online or on paper, by
                                                                                                         in accordance with a prescription that
                                                                                                                                                               following the instructions in the
                                                 FEDERAL TRADE COMMISSION                                the seller either: (a) Has received from              Instructions for Submitting Comments
                                                                                                         the patient or prescriber; or (b) has                 part of the SUPPLEMENTARY INFORMATION
                                                 16 CFR Part 315                                         verified through direct communication                 section below. Write ‘‘Contact Lens
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                                                                         with the prescriber. The Commission is                Rule, 16 CFR part 315, Project No.
                                                 Contact Lens Rule                                       soliciting comments about the                         R511995’’ on your comment, and file
                                                 AGENCY:   Federal Trade Commission                      efficiency, costs, benefits, and                      your comment online at https://
                                                 (‘‘FTC’’ or ‘‘Commission’’).                            regulatory impact of the Rule as part of              ftcpublic.commentworks.com/ftc/
                                                 ACTION: Request for comment.
                                                                                                         its systematic review of all current                  contactlensrule by following the
                                                                                                         Commission regulations and guides. All                instructions on the web-based form. If
                                                 SUMMARY:  The Commission is requesting                  interested persons are hereby given                   you prefer to file your comment on
                                                 public comments on the Contact Lens                     notice of the opportunity to submit                   paper, write ‘‘Contact Lens Rule, 16 CFR


                                            VerDate Sep<11>2014   13:54 Sep 02, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\03SEP1.SGM   03SEP1


                                                                     Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules                                           53273

                                                 part 315, Project No. R511995’’ on your                 by direct communication with the                        regulations; and the effect on the Rule
                                                 comment and on the envelope and mail                    prescriber.5 The Rule sets out the                      of any technological, economic, or other
                                                 your comment to the following address:                  information that must be included in a                  industry changes since the Rule was
                                                 Federal Trade Commission, Office of the                 seller’s verification request, and directs              promulgated.
                                                 Secretary, 600 Pennsylvania Avenue                      that a prescription is only verified under
                                                                                                                                                                 III. Issues for Comment
                                                 NW., Suite CC–5610 (Annex C),                           the Rule if: (1) A prescriber confirms the
                                                 Washington, DC 20580, or deliver your                   prescription is accurate, (2) a prescriber                 The Commission requests written
                                                 comment to the following address:                       informs the seller that the prescription                comment on any or all of the following
                                                 Federal Trade Commission, Office of the                 is inaccurate and provides an accurate                  questions. These questions are designed
                                                 Secretary, Constitution Center, 400 7th                 prescription, or (3) if the prescriber fails            to assist the public and should not be
                                                 Street SW., 5th Floor, Suite 5610                       to communicate with the seller within                   construed as a limitation on the issues
                                                 (Annex C), Washington, DC 20024.                        eight business hours after receiving a                  on which public comment may be
                                                 FOR FURTHER INFORMATION CONTACT:                        compliant verification request.6 The                    submitted. The Commission requests
                                                 Alysa Bernstein, Attorney, (202) 326–                   Rule states that if the prescriber informs              that responses to its questions be as
                                                 3289, or Bonnie McGregor, Federal                       the seller within eight hours of receiving              specific as possible, including a
                                                 Trade Investigator, (202) 326–2356,                     the verification request that the                       reference to the question being
                                                 Division of Advertising Practices,                      prescription is inaccurate, expired, or                 answered, and reference to empirical
                                                 Bureau of Consumer Protection, Federal                  invalid, the seller shall not fill the                  data or other evidence upon which
                                                 Trade Commission, 600 Pennsylvania                      prescription.7                                          comments are based wherever available
                                                 Avenue NW., Washington, DC 20580.                          Sellers may not alter a prescription,                and appropriate.
                                                 SUPPLEMENTARY INFORMATION:                              but for private label contact lenses, may                  1. Is there a continuing need for the
                                                                                                         substitute identical contact lenses that                Rule? Why or why not?
                                                 I. Background                                           the same company manufactures and                          2. What benefits has the Rule
                                                    In 2003, Congress enacted The                        sells under a different name.8 Sellers                  provided to consumers? What evidence
                                                 Fairness to Contact Lens Consumers                      and others involved in the manufacture,                 supports the asserted benefits?
                                                 Act, 15 U.S.C. 7601–7610, and pursuant                  assembly, processing and distribution of                   3. What modifications, if any, should
                                                 to the Act, the Commission promulgated                  contact lenses are prohibited from                      be made to the Rule to increase its
                                                 the Contact Lens Rule on July 2, 2004.1                 representing that contact lenses may be                 benefits to consumers?
                                                 The Rule went into effect on August 2,                  obtained without a prescription.9                          a. What evidence supports the
                                                 2004.                                                      The Contact Lens Rule sets a                         proposed modifications?
                                                    The Contact Lens Rule is intended to                 minimum expiration date of one year                        b. How would these modifications
                                                 facilitate the ability of consumers to                  after the issue date of a prescription                  affect the costs the Rule imposes on
                                                 comparison shop for contact lenses                      with an exception based on a patient’s                  businesses, including small businesses?
                                                 while ensuring that contact lenses are                  ocular health.10 The Rule also                             c. How would these modifications
                                                 sold only in accordance with a valid                    implements the Act by providing that                    affect the benefits to consumers?
                                                 prescription. The Rule requires that                    ‘‘state and local laws and regulations                     4. What impact has the Rule had on
                                                 eyecare prescribers provide a copy of a                 that establish a prescription expiration                the flow of truthful information to
                                                 prescription to the consumer upon                       date of less than one year or that restrict             consumers and on the flow of deceptive
                                                 completion of a contact lens fitting and                prescription release or require active                  information to consumers?
                                                 verify or provide prescriptions to                      verification are pre-empted.’’ 11                          5. What significant costs, if any, has
                                                 authorized third parties.2                              II. Regulatory Review of the Contact                    the Rule imposed on consumers? What
                                                    The Rule specifies that a prescriber                 Lens Rule                                               evidence supports the asserted costs?
                                                 may not require the purchase of contact                                                                            6. What modifications, if any, should
                                                 lenses as a condition of providing the                     The Commission periodically reviews                  be made to the Rule to reduce any costs
                                                 prescription or verification, may not                   all of its rules and guides. These reviews              imposed on consumers?
                                                 require payment in addition to, or as a                 seek information about the costs and                       a. What evidence supports the
                                                 part of, the fee for an eye examination,                benefits of the agency’s rules and                      proposed modifications?
                                                 fitting, and evaluation as a condition of               guides, and their regulatory and                           b. How would these modifications
                                                 providing the prescription or                           economic impact. The information                        affect the benefits provided by the Rule?
                                                 verification, and may not require the                   obtained assists the Commission in                         7. What benefits, if any, has the Rule
                                                 patient to sign a waiver or release as a                identifying those rules and guides that                 provided to businesses, including small
                                                 condition of releasing or verifying the                 warrant modification or rescission.                     businesses? What evidence supports the
                                                                                                         Therefore, the Commission solicits                      asserted benefits?
                                                 prescription.3 The prescriber is also
                                                                                                         comments on, among other things, the                       8. What modifications, if any, should
                                                 prohibited from requiring immediate
                                                                                                         economic impact and benefits of the                     be made to the Rule to increase its
                                                 payment before the release of a
                                                                                                         Rule; possible conflict between the Rule                benefits to businesses, including small
                                                 prescription, unless the prescriber
                                                                                                         and State, local, or other Federal laws or              businesses?
                                                 requires immediate payment when an
                                                 exam reveals that the consumer does not                                                                            a. What evidence supports the
                                                                                                           5 16  CFR 315.5(a).
                                                 need ophthalmic goods.4                                                                                         proposed modifications?
                                                                                                           6 16  CFR 315.5(b)–(c).
                                                    The Rule also places certain                            7 16 CFR 315.5(d). If the prescription
                                                                                                                                                                    b. How would these modifications
                                                 restrictions on sellers. It mandates that                                                                       affect the costs the Rule imposes on
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                                                                         communicated by the seller is inaccurate, the
                                                 sellers sell contact lenses only in                     prescriber shall correct it. Id.                        businesses, including small businesses?
                                                 accordance with a prescription that is                     8 16 CFR 315.5(e).                                      c. How would these modifications
                                                 either presented to the seller or verified
                                                                                                            9 16 CFR 315.7.                                      affect the benefits to consumers?
                                                                                                            10 16 CFR 315.6.
                                                                                                                                                                    9. What significant costs, if any,
                                                                                                            11 16 CFR 315.11(a). The Rule states further that
                                                   1 ContactLens Rule, 16 CFR part 315.                                                                          including costs of compliance, has the
                                                                                                         ‘‘[a]ny other state or local laws or regulations that
                                                   2 16 CFR 315.3(a).                                    are inconsistent with the Act or this part are
                                                                                                                                                                 Rule imposed on businesses, including
                                                   3 16 CFR 315.3(b).
                                                                                                         prempted to the extent of the inconsistency.’’ 16       small businesses? What evidence
                                                   4 16 CFR 315.4.                                       CFR 315.11(b).                                          supports the asserted costs?


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                                                 53274               Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules

                                                    10. What modifications, if any, should               manufacturing processes, or customer                    By direction of the Commission.
                                                 be made to the Rule to reduce the costs                 names.                                                Donald S. Clark
                                                 imposed on businesses, including small                     If you want the Commission to give                 Secretary.
                                                 businesses?                                             your comment confidential treatment,                  [FR Doc. 2015–21577 Filed 9–2–15; 8:45 am]
                                                    a. What evidence supports the
                                                                                                         you must file it in paper form, with a                BILLING CODE 6750–01–P
                                                 proposed modifications?
                                                    b. How would these modifications                     request for confidential treatment, and
                                                 affect the benefits provided by the Rule?               you must follow the procedure
                                                                                                                                                               FEDERAL TRADE COMMISSION
                                                    11. What evidence is available                       explained in FTC Rule 4.9(c), 16 CFR
                                                 concerning the degree of industry                       4.9(c). In particular, the written request            16 CFR Part 456
                                                 compliance with the Rule?                               for confidential treatment that
                                                    12. What modifications, if any, should               accompanies the comment must include                  Ophthalmic Practice Rules (Eyeglass
                                                 be made to the Rule to account for                      the factual and legal basis for the                   Rule)
                                                 changes in relevant technology or                       request, and must identify the specific               AGENCY:   Federal Trade Commission
                                                 economic conditions? What evidence                      portions of the comments to be withheld               (‘‘FTC’’ or ‘‘Commission’’).
                                                 supports the proposed modifications?                    from the public record. Your comment
                                                    13. Does the Rule overlap or conflict                                                                      ACTION: Advance notice of proposed
                                                                                                         will be kept confidential only if the FTC             rulemaking; request for comment.
                                                 with other federal, state, or local laws or             General Counsel, in his or her sole
                                                 regulations? If so, how?                                discretion, grants your request in                    SUMMARY:   The Commission is requesting
                                                    a. What evidence supports the                                                                              public comment on its Trade Regulation
                                                                                                         accordance with the law and the public
                                                 asserted conflicts?                                                                                           Rule entitled ‘‘Ophthalmic Practice
                                                    b. With reference to the asserted                    interest.
                                                                                                                                                               Rules (Eyeglass Rule),’’ which requires
                                                 conflicts, should the Rule be modified?                    Postal mail addressed to the
                                                                                                                                                               eye care practitioners to release eyeglass
                                                 If so, why, and how? If not, why not?                   Commission is subject to delay due to
                                                                                                                                                               prescriptions to their patients (‘‘Eyeglass
                                                                                                         heightened security screening. As a                   Rule’’). The Commission is soliciting
                                                 IV. Instructions for Submitting
                                                                                                         result, we encourage you to submit your               comments about the efficiency, costs,
                                                 Comments
                                                                                                         comment online. To make sure that the                 benefits, and regulatory impact of the
                                                    You can file a comment online or on                  Commission considers your online
                                                 paper. For the Commission to consider                                                                         Rule as part of its systematic review of
                                                                                                         comment, you must file it at https://                 all current Commission regulations and
                                                 your comment, we must receive it on or                  ftcpublic.commentworks.com/ftc/
                                                 before October 26, 2015. Write ‘‘Contact                                                                      guides. All interested persons are
                                                                                                         contactlensrule by following the                      hereby given notice of the opportunity
                                                 Lens Rule, 16 CFR part 315, Project No.                 instructions on the web-based form. If
                                                 R511995’’ on the comment. Your                                                                                to submit written data, views, and
                                                                                                         this document appears at http://                      arguments concerning the Rule.
                                                 comment, including your name and
                                                                                                         www.regulations.gov/#!home, you also                  DATES: Written comments must be
                                                 your state, will be placed on the public
                                                 record of this proceeding, including, to                may file a comment through that Web                   received on or before October 26, 2015.
                                                 the extent practicable, on the public                   site.                                                 ADDRESSES: Interested parties may file a
                                                 Commission Web site, at http://                            If you file your comment on paper,                 comment at https://
                                                 www.ftc.gov/os/publiccomments.shtm.                     write ‘‘Contact Lens Rule, 16 CFR part                ftcpublic.commentworks.com/ftc/
                                                 As a matter of discretion, the                          315, Project No. R511995’’ on your                    ophthalmicruleanprm online or on
                                                 Commission tries to remove individuals’                 comment and on the envelope, and mail                 paper, by following the instructions in
                                                 home contact information from                           your comment to the following address:                the Instructions for Submitting
                                                 comments before placing them on the                     Federal Trade Commission, Office of the               Comments part of the SUPPLEMENTARY
                                                 Commission Web site. Because your                       Secretary, 600 Pennsylvania Avenue                    INFORMATION section below. Write
                                                 comment will be made public, you are                    NW., Suite CC–5610 (Annex C),                         ‘‘Eyeglass Rule, 16 CFR part 456, Project
                                                 solely responsible for making sure that                 Washington, DC 20580, or deliver your                 No. R511996’’ on your comment, and
                                                 your comment does not include any                                                                             file your comment online at https://
                                                                                                         comment to the following address:
                                                 sensitive personal information, such as                                                                       ftcpublic.commentworks.com/ftc/
                                                                                                         Federal Trade Commission, Office of the
                                                 a Social Security number, date of birth,                                                                      ophthalmicruleanprm by following the
                                                                                                         Secretary, Constitution Center, 400 7th               instructions on the web-based form. If
                                                 driver’s license number or other state                  Street SW., 5th Floor, Suite 5610
                                                 identification number or foreign country                                                                      you prefer to file your comment on
                                                                                                         (Annex C), Washington, DC 20024.                      paper, write ‘‘Eyeglass Rule, 16 CFR part
                                                 equivalent, passport number, financial
                                                 account number, or credit or debit card                    Visit the Commission Web site at                   456, Project No. R51199’’ on your
                                                 number. You are also solely responsible                 http://www.ftc.gov to read this                       comment and on the envelope and mail
                                                 for making sure that your comment does                  document and the news release                         your comment to the following address:
                                                 not include any sensitive health                        describing it. The FTC Act and other                  Federal Trade Commission, Office of the
                                                 information, such as medical records or                 laws that the Commission administers                  Secretary, 600 Pennsylvania Avenue
                                                 other individually identifiable health                  permit the collection of public                       NW., Suite CC–5610 (Annex B),
                                                 information.                                            comments to consider and use in this                  Washington, DC 20580, or deliver your
                                                    In addition, do not include any                      proceeding as appropriate. The                        comment to the following address:
                                                 ‘‘[t]rade secret or any commercial or                   Commission will consider all timely                   Federal Trade Commission, Office of the
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 financial information which is . . .                    and responsive public comments that it                Secretary, Constitution Center, 400 7th
                                                 privileged or confidential,’’ as discussed              receives on or before October 26, 2015.               Street SW., 5th Floor, Suite 5610
                                                 in Section 6(f) of the FTC Act, 15 U.S.C.               You can find more information,                        (Annex B), Washington, DC 20024.
                                                 46(f), and FTC Rule 4.10(a)(2), 16 CFR                  including routine uses permitted by the               FOR FURTHER INFORMATION CONTACT:
                                                 4.10(a)(2). In particular, do not include               Privacy Act, in the Commission’s                      Alysa Bernstein, Attorney, (202) 326–
                                                 competitively sensitive information                     privacy policy, at http://www.ftc.gov/                3289, or Bonnie McGregor, Federal
                                                 such as costs, sales statistics,                        ftc/privacy.htm.                                      Trade Investigator, (202) 326–2356,
                                                 inventories, formulas, patterns, devices,                                                                     Division of Advertising Practices,


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Document Created: 2015-12-15 09:56:43
Document Modified: 2015-12-15 09:56:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comment.
DatesWritten comments must be received on or before October 26, 2015.
ContactAlysa Bernstein, Attorney, (202) 326- 3289, or Bonnie McGregor, Federal Trade Investigator, (202) 326-2356, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation80 FR 53272 

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