82_FR_58124 82 FR 57889 - Public Workshop Examining Contact Lens Marketplace and Analyzing Proposed Changes to the Contact Lens Rule

82 FR 57889 - Public Workshop Examining Contact Lens Marketplace and Analyzing Proposed Changes to the Contact Lens Rule

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range57889-57891
FR Document2017-26445

The Federal Trade Commission (``FTC'' or ``Commission'') is holding a public workshop relating to its December 7, 2016 Notice of Proposed Rulemaking (``NPRM'') announcing proposed changes to the Contact Lens Rule. The workshop will explore issues relating to competition in the contact lens marketplace, consumer access to contact lenses, prescription release and portability, and other issues raised in comments received in response to the NPRM.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Proposed Rules]
[Pages 57889-57891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26445]


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FEDERAL TRADE COMMISSION

16 CFR Part 315


Public Workshop Examining Contact Lens Marketplace and Analyzing 
Proposed Changes to the Contact Lens Rule

AGENCY: Federal Trade Commission.

ACTION: Public workshop and request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
holding a public workshop relating to its December 7, 2016 Notice of 
Proposed Rulemaking (``NPRM'') announcing proposed changes to the 
Contact Lens Rule. The workshop will explore issues relating to 
competition in the contact lens marketplace, consumer access to contact 
lenses, prescription release and portability, and other issues raised 
in comments received in response to the NPRM.

DATES: The public workshop will be held on March 7, 2018, from 9:00 
a.m. until 5:00 p.m., at the Constitution Center Conference Center, 
located at 400 7th Street SW., Washington, DC. Requests to participate 
as a panelist must be received by January 5, 2018. Any written comments 
related to the agenda topics or the issues discussed by the panelists 
at the workshop must be received by April 6, 2018.

ADDRESSES: Interested parties may file a comment or a request to 
participate as a panelist online or on paper, by following the 
instructions in the Filing Comments and Requests to Participate

[[Page 57890]]

as a Panelist part of the SUPPLEMENTARY INFORMATION section below. 
Write ``Contact Lens Rule, 16 CFR part 315, Comment, Project No. 
R511995'' on your comment and ``Contact Lens Rule, 16 CFR part 315, 
Request to Participate, Project No. R511995'' on your request to 
participate as a panelist. File your comment online at https://ftcpublic.commentworks.com/ftc/contactlensworkshop by following the 
instructions on the web-based form. File your request to participate as 
a panelist by email to: [email protected]. If you prefer 
to file your comment or request to participate on paper, mail your 
comment or request to the following address: Federal Trade Commission, 
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 
(Annex F), or deliver your comment or request to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex F), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Elizabeth Delaney, Attorney, 202-326-
2903, or Alysa Bernstein, Attorney, 202-326-3289, Federal Trade 
Commission, Division of Advertising Practices, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In 2003, Congress enacted the Fairness to Contact Lens Consumers 
Act.\1\ Pursuant to the Act, the Commission promulgated the Contact 
Lens Rule (``Rule''), which went into effect on August 2, 2004.\2\ The 
Rule promotes competition in retail sales of contact lenses by 
facilitating consumers' ability to comparison shop for contact lenses. 
When a prescriber completes a contact lens fitting, the Rule requires 
that the prescriber provide the patient with a copy of her 
prescription. The Rule also requires that the prescriber verify or 
provide such prescriptions to authorized third parties, such as contact 
lens sellers.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 7601-7610 (Pub. L. 108-164).
    \2\ Contact Lens Rule, 16 CFR 315.
---------------------------------------------------------------------------

    In addition, the Rule places certain requirements on sellers. It 
mandates that sellers dispense contact lenses only in accordance with a 
valid prescription that is either presented to the seller or verified 
by direct communication with the prescriber.\3\ 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.\4\
---------------------------------------------------------------------------

    \3\ 16 CFR 315.5(a).
    \4\ 16 CFR 315.5(e).
---------------------------------------------------------------------------

    As part of its ongoing regulatory review program, the Commission 
published a Request for Comment in September 2015 seeking comment on: 
The economic impact of, and the continuing need for, the Rule; the 
benefits of the Rule to consumers; the burdens the Rule places on 
entities subject to its requirements; the impact the Rule has had on 
the flow of information to consumers; the degree of industry compliance 
with the Rule; the need for any modifications to increase its benefits 
or reduce its burdens or to account for changes in relevant technology; 
and any overlap or conflict with the Rule and other federal, state, or 
local laws or regulations.\5\ The comment period closed on October 26, 
2015, and the Commission received 660 comments.\6\ Virtually all 
commenters agreed that there is a continuing need for the Rule and that 
it benefits consumers and competition. The majority of commenters 
recommended some modifications to the Rule in order to maximize the 
benefits to consumers and competition, decrease the burden on 
businesses, protect consumers' eye health, or improve overall 
compliance with the Rule's existing requirements.
---------------------------------------------------------------------------

    \5\ Contact Lens Rule, Request for Comment, 80 FR 53272 (Sept. 
3, 2015).
    \6\ The comments are posted at: https://www.ftc.gov/policy/public-comments/initiative-621.
---------------------------------------------------------------------------

    After reviewing the comments, the Commission published a Notice of 
Proposed Rulemaking (``NPRM'') proposing to amend the Rule to require 
that prescribers obtain a signed acknowledgment after releasing a 
contact lens prescription to a patient, and maintain each such 
acknowledgment for a period of not less than three years.\7\ The 
Commission also proposed to strike the words ``private label'' from 
Section 315.5(e) of the Rule to conform the language of the Rule to 
that of the Act. The Commission sought public comment on these proposed 
amendments as well as several other issues, including: The use of 
patient portals to provide prescriptions; the provision of additional 
copies of a prescription to a patient; the amount of time required for 
a prescriber to respond to a request for a copy of a prescription; and 
additional information on possible modifications to the Rule that could 
address issues raised about automated telephone calls. The Commission 
received over 4,100 comments in response.\8\
---------------------------------------------------------------------------

    \7\ Contact Lens Rule, Notice of Proposed Rulemaking, Request 
for Comment, 81 FR 88526 (Dec. 7, 2016).
    \8\ The comments are posted at: https://www.ftc.gov/policy/public-comments/2016/10/initiative-677.
---------------------------------------------------------------------------

II. Issues for Discussion at the Workshop

    As part of the Contact Lens Rule rulemaking, the FTC is hosting a 
public workshop to explore issues relating to competition in the 
contact lens marketplace, consumer access to contact lenses, 
prescription release and portability, and other issues raised in 
comments to the NPRM. The workshop will cover topics including: (1) 
Consumers' ability to comparison shop for contact lenses; (2) the use 
of electronic health records, patient portals, and other technology to 
improve prescription portability; (3) the interaction between the 
Contact Lens Rule and emerging telehealth business models; (4) the 
potential for new technology to improve the prescription verification 
process; and (5) modifications to the Contact Lens Rule to foster 
competition and maximize consumer benefits, including benefits to eye 
health.
    A more detailed agenda will be published at a later date, in 
advance of the scheduled workshop.

III. Public Participation Information

A. Workshop Attendance

    The workshop is free and open to the public, and will be held at 
the Constitution Center, 400 7th Street SW., Washington, DC. It will be 
webcast live on the FTC's Web site. For admittance to the Constitution 
Center, all attendees must show valid government-issued photo 
identification, such as a driver's license. Please arrive early enough 
to allow adequate time for this process.
    This event may be photographed, videotaped, webcast, or otherwise 
recorded. By participating in this event, you are agreeing that your 
image--and anything you say or submit--may be posted indefinitely at 
www.ftc.gov or on one of the Commission's publicly available social 
media sites.

B. Requests To Participate as a Panelist

    The workshop will be organized into panels, which will address the 
designated topics. Panelists will be selected by FTC staff. Other 
attendees will have an opportunity to comment and ask questions. The 
Commission will place a transcript of the proceeding on the public 
record. Requests to participate as a panelist must be received on or 
before January 5, 2018, as explained in Section IV below. Persons

[[Page 57891]]

selected as panelists will be notified on or before January 19, 2018.
    Disclosing funding sources promotes transparency, ensures 
objectivity, and maintains the public's trust. If chosen, prospective 
panelists will be required to disclose the source of any support they 
received in connection with participation at the workshop. This 
information will be included in the published panelist bios as part of 
the workshop record.

C. Electronic and Paper Comments

    The submission of comments is not required for participation in the 
workshop. If a person wishes to submit paper or electronic comments 
related to the agenda topics or the issues discussed by the panelists 
at the workshop, such comments should be filed as prescribed in Section 
IV, and must be received on or before April 6, 2018.

IV. Filing Comments and Requests To Participate as a Panelist

    You can file a comment, or request to participate as a panelist, 
online or on paper. For the Commission to consider your comment, we 
must receive it on or before April 6, 2018. For the Commission to 
consider your request to participate as panelist, we must receive it by 
January 5, 2018. Write ``Contact Lens Rule, 16 CFR part 315, Comment, 
Project No. R511995'' on your comment and ``Contact Lens Rule, 16 CFR 
part 315, Request to Participate, Project No. R511995'' on your request 
to participate. 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.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online, or to send them to the Commission by courier or 
overnight service. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/contactlensworkshop, by following the instructions on the web based 
form. When this Notice appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's 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, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
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)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    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). 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 comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Requests to participate as a panelist at the workshop should be 
submitted electronically to [email protected], or, if 
mailed, should be submitted in the manner detailed below. Parties are 
asked to include in their requests a brief statement setting forth 
their expertise in or knowledge of the issues on which the workshop 
will focus as well as their contact information, including a telephone 
number and email address (if available), to enable the FTC to notify 
them if they are selected.
    If you file your comment or request on paper, write ``Contact Lens 
Rule, 16 CFR part 315, Comment, Project No. R511995'' on your comment 
and on the envelope and ``Contact Lens Rule, 16 CFR part 315, Request 
to Participate, Project No. R511995,'' on your request 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 F), 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 
F). If possible, submit your paper comment or request to the Commission 
by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice 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 April 6, 2018. The Commission will consider 
all timely requests to participate as a panelist in the workshop that 
it receives by January 5, 2018. For information on the Commission's 
privacy policy, including routine uses permitted by the Privacy Act, 
see https://www.ftc.gov/site-information/privacy-policy.

V. Communications by Outside Parties to Commissioners or Their Advisors

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding, from any 
outside party to any Commissioner or Commissioner's advisor will be 
placed on the public record. See 16 CFR 1.26(b)(5).

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-26445 Filed 12-7-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                                         Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                  57889

                                                  airports_airtraffic/air_traffic/                        listed in this document will be                         (Lat. 44°56′11″ N., long. 74°50′42″ W.)
                                                  publications/airspace_amendments/.                      published subsequently in the Order.                      Within a 4-mile radius of the Massena
                                                     You may review the public docket                                                                             International-Richards Field Airport,
                                                  containing the proposal, any comments                   Regulatory Notices and Analyses                         excluding the airspace within Canada.
                                                  received, and any final disposition in                    The FAA has determined that this                      Paragraph 6005 Class E Airspace Areas
                                                  person in the Dockets Office (see the                   proposed regulation only involves an                    Extending Upward From 700 Feet or More
                                                  ADDRESSES section for address and                       established body of technical                           Above the Surface of the Earth.
                                                  phone number) between 9:00 a.m. and                     regulations for which frequent and                      *        *   *     *      *
                                                  5:00 p.m., Monday through Friday,                       routine amendments are necessary to
                                                  except federal holidays. An informal                    keep them operationally current. It,                    AEA NY E5 Massena, NY [Amended]
                                                  docket may also be examined between                     therefore, (1) is not a ‘‘significant                   Massena International-Richards Field
                                                  8:00 a.m. and 4:30 p.m., Monday                         regulatory action’’ under Executive                          Airport, NY
                                                  through Friday, except federal holidays                 Order 12866; (2) is not a ‘‘significant                 (Lat. 44°56′11″ N., long. 74°50′42″ W.)
                                                  at the office of the Eastern Service                    rule’’ under DOT Regulatory Policies                      That airspace extending upward from 700
                                                  Center, Federal Aviation                                and Procedures (44 FR 11034; February                   feet above the surface within a 7.4-mile
                                                                                                          26, 1979); and (3) does not warrant                     radius of Massena International-Richards
                                                  Administration, Room 350, 1701                                                                                  Field Airport, excluding the airspace within
                                                  Columbia Avenue, College Park, Georgia                  preparation of a Regulatory Evaluation                  Canada.
                                                  30337.                                                  as the anticipated impact is so minimal.
                                                                                                          Since this is a routine matter that will                  Issued in College Park, Georgia, on
                                                  Availability and Summary of                             only affect air traffic procedures and air              November 29, 2017.
                                                  Documents for Incorporation by                          navigation, it is certified that this                   Ryan W. Almasy,
                                                  Reference                                               proposed rule, when promulgated, will                   Manager, Operations Support Group, Eastern
                                                    This document proposes to amend                       not have a significant economic impact                  Service Center, Air Traffic Organization.
                                                  FAA Order 7400.11B, Airspace                            on a substantial number of small entities               [FR Doc. 2017–26423 Filed 12–7–17; 8:45 am]
                                                  Designations and Reporting Points,                      under the criteria of the Regulatory                    BILLING CODE 4910–13–P
                                                  dated August 3, 2017, and effective                     Flexibility Act.
                                                  September 15, 2017. FAA Order
                                                  7400.11B is publicly available as listed                Environmental Review
                                                                                                                                                                  FEDERAL TRADE COMMISSION
                                                  in the ADDRESSES section of this                           This proposal would be subject to an
                                                  document. FAA Order 7400.11B lists                      environmental analysis in accordance                    16 CFR Part 315
                                                  Class A, B, C, D, and E airspace areas,                 with FAA Order 1050.1F,
                                                  air traffic service routes, and reporting               ‘‘Environmental Impacts: Policies and                   Public Workshop Examining Contact
                                                  points                                                  Procedures’’ prior to any FAA final                     Lens Marketplace and Analyzing
                                                                                                          regulatory action.                                      Proposed Changes to the Contact
                                                  The Proposal                                                                                                    Lens Rule
                                                    The FAA is considering an                             Lists of Subjects in 14 CFR Part 71
                                                  amendment to title 14, Code of Federal                    Airspace, Incorporation by reference,                 AGENCY:  Federal Trade Commission.
                                                  Regulations (14 CFR) part 71 to amend                   Navigation (air).                                       ACTION: Public workshop and request for
                                                  Class E surface airspace and Class E                                                                            public comment.
                                                                                                          The Proposed Amendment
                                                  airspace extending upward from 700                                                                              SUMMARY:   The Federal Trade
                                                  feet above the surface at Massena                         In consideration of the foregoing, the
                                                                                                          Federal Aviation Administration                         Commission (‘‘FTC’’ or ‘‘Commission’’)
                                                  International-Richards Field Airport,                                                                           is holding a public workshop relating to
                                                  Massena, NY. The segment within 1.8                     proposes to amend 14 CFR part 71 as
                                                                                                          follows:                                                its December 7, 2016 Notice of Proposed
                                                  miles each side of the Massena                                                                                  Rulemaking (‘‘NPRM’’) announcing
                                                  VORTAC 286° radial extending from the                                                                           proposed changes to the Contact Lens
                                                  4-mile radius to the VORTAC would be                    PART 71—DESIGNATION OF CLASS A,
                                                                                                          B, C, D, AND E AIRSPACE AREAS; AIR                      Rule. The workshop will explore issues
                                                  removed in Class E surface airspace; and                                                                        relating to competition in the contact
                                                  the segment within 2.7 miles each side                  TRAFFIC SERVICE ROUTES; AND
                                                                                                          REPORTING POINTS                                        lens marketplace, consumer access to
                                                  of the Massena VORTAC 106° radial                                                                               contact lenses, prescription release and
                                                  extending from the 7.4-mile radius to 7                 ■ 1. The authority citation for part 71                 portability, and other issues raised in
                                                  miles east of the VORTAC would be                       continues to read as follows:                           comments received in response to the
                                                  removed in Class E airspace extending                                                                           NPRM.
                                                                                                            Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                  upward from 700 feet above the surface,                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                  due to the decommissioning of the                                                                               DATES:  The public workshop will be
                                                                                                          1959–1963 Comp., p. 389.
                                                  Massena VORTAC, and cancelation of                                                                              held on March 7, 2018, from 9:00 a.m.
                                                  associated approaches. This action                      § 71.1       [Amended]                                  until 5:00 p.m., at the Constitution
                                                  would enhance the safety and                            ■ 2. The incorporation by reference in                  Center Conference Center, located at 400
                                                  management of IFR operations at the                     14 CFR 71.1 of FAA Order 7400.11B,                      7th Street SW., Washington, DC.
                                                  airport. The geographic coordinates of                  Airspace Designations and Reporting                     Requests to participate as a panelist
                                                  the airport also would be adjusted to                   Points, dated August 3, 2017, effective                 must be received by January 5, 2018.
                                                  coincide with the FAAs aeronautical                     September 15, 2017, is amended as                       Any written comments related to the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  database.                                               follows:                                                agenda topics or the issues discussed by
                                                    Class E airspace designations are                                                                             the panelists at the workshop must be
                                                                                                          Paragraph 6002         Class E Surface Area             received by April 6, 2018.
                                                  published in Paragraphs 6002 and 6005                   Airspace.
                                                  respectively, of FAA Order 7400.11B,                                                                            ADDRESSES: Interested parties may file a
                                                  dated August 3, 2017, and effective                     *        *      *      *       *                        comment or a request to participate as
                                                  September 15, 2017, which is                            AEA NY E2 Massena, NY [Amended]                         a panelist online or on paper, by
                                                  incorporated by reference in 14 CFR                     Massena International-Richards Field                    following the instructions in the Filing
                                                  71.1. The Class E airspace designation                     Airport, NY                                          Comments and Requests to Participate


                                             VerDate Sep<11>2014   18:45 Dec 07, 2017   Jkt 244001   PO 00000   Frm 00004     Fmt 4702   Sfmt 4702   E:\FR\FM\08DEP1.SGM   08DEP1


                                                  57890                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  as a Panelist part of the SUPPLEMENTARY                 manufactures and sells under a different              received over 4,100 comments in
                                                  INFORMATION section below. Write                        name.4                                                response.8
                                                  ‘‘Contact Lens Rule, 16 CFR part 315,                      As part of its ongoing regulatory                  II. Issues for Discussion at the
                                                  Comment, Project No. R511995’’ on                       review program, the Commission                        Workshop
                                                  your comment and ‘‘Contact Lens Rule,                   published a Request for Comment in
                                                  16 CFR part 315, Request to Participate,                                                                         As part of the Contact Lens Rule
                                                                                                          September 2015 seeking comment on:                    rulemaking, the FTC is hosting a public
                                                  Project No. R511995’’ on your request to                The economic impact of, and the
                                                  participate as a panelist. File your                                                                          workshop to explore issues relating to
                                                                                                          continuing need for, the Rule; the                    competition in the contact lens
                                                  comment online at https://
                                                                                                          benefits of the Rule to consumers; the                marketplace, consumer access to contact
                                                  ftcpublic.commentworks.com/ftc/
                                                                                                          burdens the Rule places on entities                   lenses, prescription release and
                                                  contactlensworkshop by following the
                                                                                                          subject to its requirements; the impact               portability, and other issues raised in
                                                  instructions on the web-based form. File
                                                                                                          the Rule has had on the flow of                       comments to the NPRM. The workshop
                                                  your request to participate as a panelist
                                                  by email to: contactlensworkshop2018@                   information to consumers; the degree of               will cover topics including: (1)
                                                  ftc.gov. If you prefer to file your                     industry compliance with the Rule; the                Consumers’ ability to comparison shop
                                                  comment or request to participate on                    need for any modifications to increase                for contact lenses; (2) the use of
                                                  paper, mail your comment or request to                  its benefits or reduce its burdens or to              electronic health records, patient
                                                  the following address: Federal Trade                    account for changes in relevant                       portals, and other technology to
                                                  Commission, Office of the Secretary,                    technology; and any overlap or conflict               improve prescription portability; (3) the
                                                  600 Pennsylvania Avenue NW., Suite                      with the Rule and other federal, state, or            interaction between the Contact Lens
                                                  CC–5610 (Annex F), or deliver your                      local laws or regulations.5 The comment               Rule and emerging telehealth business
                                                  comment or request to the following                     period closed on October 26, 2015, and                models; (4) the potential for new
                                                  address: Federal Trade Commission,                      the Commission received 660                           technology to improve the prescription
                                                  Office of the Secretary, Constitution                   comments.6 Virtually all commenters                   verification process; and (5)
                                                  Center, 400 7th Street SW., 5th Floor,                  agreed that there is a continuing need                modifications to the Contact Lens Rule
                                                  Suite 5610 (Annex F), Washington, DC                    for the Rule and that it benefits                     to foster competition and maximize
                                                  20024.                                                  consumers and competition. The                        consumer benefits, including benefits to
                                                  FOR FURTHER INFORMATION CONTACT:                        majority of commenters recommended                    eye health.
                                                  Elizabeth Delaney, Attorney, 202–326–                   some modifications to the Rule in order                  A more detailed agenda will be
                                                  2903, or Alysa Bernstein, Attorney, 202–                to maximize the benefits to consumers                 published at a later date, in advance of
                                                  326–3289, Federal Trade Commission,                     and competition, decrease the burden                  the scheduled workshop.
                                                  Division of Advertising Practices,                      on businesses, protect consumers’ eye
                                                                                                                                                                III. Public Participation Information
                                                  Bureau of Consumer Protection, 600                      health, or improve overall compliance
                                                  Pennsylvania Avenue NW., Washington,                    with the Rule’s existing requirements.                A. Workshop Attendance
                                                  DC 20580.                                                  After reviewing the comments, the                     The workshop is free and open to the
                                                  SUPPLEMENTARY INFORMATION:                              Commission published a Notice of                      public, and will be held at the
                                                                                                          Proposed Rulemaking (‘‘NPRM’’)                        Constitution Center, 400 7th Street SW.,
                                                  I. Introduction
                                                                                                          proposing to amend the Rule to require                Washington, DC. It will be webcast live
                                                     In 2003, Congress enacted the                        that prescribers obtain a signed                      on the FTC’s Web site. For admittance
                                                  Fairness to Contact Lens Consumers                      acknowledgment after releasing a                      to the Constitution Center, all attendees
                                                  Act.1 Pursuant to the Act, the                          contact lens prescription to a patient,               must show valid government-issued
                                                  Commission promulgated the Contact                      and maintain each such                                photo identification, such as a driver’s
                                                  Lens Rule (‘‘Rule’’), which went into                   acknowledgment for a period of not less               license. Please arrive early enough to
                                                  effect on August 2, 2004.2 The Rule                     than three years.7 The Commission also                allow adequate time for this process.
                                                  promotes competition in retail sales of                 proposed to strike the words ‘‘private                   This event may be photographed,
                                                  contact lenses by facilitating consumers’               label’’ from Section 315.5(e) of the Rule             videotaped, webcast, or otherwise
                                                  ability to comparison shop for contact                  to conform the language of the Rule to                recorded. By participating in this event,
                                                  lenses. When a prescriber completes a                                                                         you are agreeing that your image—and
                                                                                                          that of the Act. The Commission sought
                                                  contact lens fitting, the Rule requires                                                                       anything you say or submit—may be
                                                                                                          public comment on these proposed
                                                  that the prescriber provide the patient                                                                       posted indefinitely at www.ftc.gov or on
                                                                                                          amendments as well as several other
                                                  with a copy of her prescription. The                                                                          one of the Commission’s publicly
                                                                                                          issues, including: The use of patient
                                                  Rule also requires that the prescriber                                                                        available social media sites.
                                                                                                          portals to provide prescriptions; the
                                                  verify or provide such prescriptions to
                                                  authorized third parties, such as contact               provision of additional copies of a                   B. Requests To Participate as a Panelist
                                                  lens sellers.                                           prescription to a patient; the amount of
                                                                                                                                                                  The workshop will be organized into
                                                     In addition, the Rule places certain                 time required for a prescriber to respond
                                                                                                                                                                panels, which will address the
                                                  requirements on sellers. It mandates that               to a request for a copy of a prescription;
                                                                                                                                                                designated topics. Panelists will be
                                                  sellers dispense contact lenses only in                 and additional information on possible
                                                                                                                                                                selected by FTC staff. Other attendees
                                                  accordance with a valid prescription                    modifications to the Rule that could
                                                                                                                                                                will have an opportunity to comment
                                                  that is either presented to the seller or               address issues raised about automated
                                                                                                                                                                and ask questions. The Commission will
                                                                                                          telephone calls. The Commission
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  verified by direct communication with                                                                         place a transcript of the proceeding on
                                                  the prescriber.3 Sellers may not alter a                                                                      the public record. Requests to
                                                                                                            4 16 CFR 315.5(e).
                                                  prescription, but for private label                                                                           participate as a panelist must be
                                                                                                            5 Contact Lens Rule, Request for Comment, 80 FR
                                                  contact lenses, may substitute identical                                                                      received on or before January 5, 2018, as
                                                                                                          53272 (Sept. 3, 2015).
                                                  contact lenses that the same company                      6 The comments are posted at: https://              explained in Section IV below. Persons
                                                                                                          www.ftc.gov/policy/public-comments/initiative-621.
                                                    1 15 U.S.C. 7601–7610 (Pub. L. 108–164).                7 Contact Lens Rule, Notice of Proposed               8 The comments are posted at: https://
                                                    2 Contact Lens Rule, 16 CFR 315.                      Rulemaking, Request for Comment, 81 FR 88526          www.ftc.gov/policy/public-comments/2016/10/
                                                    3 16 CFR 315.5(a).                                    (Dec. 7, 2016).                                       initiative-677.



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                                                                         Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                57891

                                                  selected as panelists will be notified on               particular, your comment should not                   envelope and ‘‘Contact Lens Rule, 16
                                                  or before January 19, 2018.                             include any sensitive personal                        CFR part 315, Request to Participate,
                                                     Disclosing funding sources promotes                  information, such as your or anyone                   Project No. R511995,’’ on your request
                                                  transparency, ensures objectivity, and                  else’s Social Security number; date of                and on the envelope, and mail your
                                                  maintains the public’s trust. If chosen,                birth; driver’s license number or other               comment to the following address:
                                                  prospective panelists will be required to               state identification number, or foreign               Federal Trade Commission, Office of the
                                                  disclose the source of any support they                 country equivalent; passport number,                  Secretary, 600 Pennsylvania Avenue
                                                  received in connection with                             financial account number, or credit or                NW., Suite CC–5610 (Annex F),
                                                  participation at the workshop. This                     debit card number. You are also solely                Washington, DC 20580, or deliver your
                                                  information will be included in the                     responsible for making sure that your
                                                                                                                                                                comment to the following address:
                                                  published panelist bios as part of the                  comment does not include any sensitive
                                                  workshop record.                                                                                              Federal Trade Commission, Office of the
                                                                                                          health information, such as medical
                                                                                                          records or other individually                         Secretary, Constitution Center, 400 7th
                                                  C. Electronic and Paper Comments                                                                              Street SW., 5th Floor, Suite 5610
                                                                                                          identifiable health information. In
                                                     The submission of comments is not                    addition, your comment should not                     (Annex F). If possible, submit your
                                                  required for participation in the                       include any ‘‘trade secret or any                     paper comment or request to the
                                                  workshop. If a person wishes to submit                  commercial or financial information                   Commission by courier or overnight
                                                  paper or electronic comments related to                 which . . . is privileged or                          service.
                                                  the agenda topics or the issues                         confidential’’—as provided by Section                   Visit the Commission Web site at
                                                  discussed by the panelists at the                       6(f) of the FTC Act, 15 U.S.C. 46(f), and             http://www.ftc.gov to read this Notice
                                                  workshop, such comments should be                       FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—               and the news release describing it. The
                                                  filed as prescribed in Section IV, and                  including in particular competitively                 FTC Act and other laws that the
                                                  must be received on or before April 6,                  sensitive information such as costs,
                                                  2018.                                                                                                         Commission administers permit the
                                                                                                          sales statistics, inventories, formulas,              collection of public comments to
                                                  IV. Filing Comments and Requests To                     patterns, devices, manufacturing                      consider and use in this proceeding as
                                                  Participate as a Panelist                               processes, or customer names.
                                                                                                             Comments containing material for                   appropriate. The Commission will
                                                     You can file a comment, or request to                which confidential treatment is                       consider all timely and responsive
                                                  participate as a panelist, online or on                 requested must be filed in paper form,                public comments that it receives on or
                                                  paper. For the Commission to consider                   must be clearly labeled ‘‘Confidential,’’             before April 6, 2018. The Commission
                                                  your comment, we must receive it on or                  and must comply with FTC Rule 4.9(c).                 will consider all timely requests to
                                                  before April 6, 2018. For the                           In particular, the written request for                participate as a panelist in the workshop
                                                  Commission to consider your request to                  confidential treatment that accompanies               that it receives by January 5, 2018. For
                                                  participate as panelist, we must receive                the comment must include the factual                  information on the Commission’s
                                                  it by January 5, 2018. Write ‘‘Contact                  and legal basis for the request, and must             privacy policy, including routine uses
                                                  Lens Rule, 16 CFR part 315, Comment,                    identify the specific portions of the                 permitted by the Privacy Act, see
                                                  Project No. R511995’’ on your comment                   comment to be withheld from the public                https://www.ftc.gov/site-information/
                                                  and ‘‘Contact Lens Rule, 16 CFR part                    record. See FTC Rule 4.9(c). Your                     privacy-policy.
                                                  315, Request to Participate, Project No.                comment will be kept confidential only
                                                  R511995’’ on your request to participate.               if the General Counsel grants your                    V. Communications by Outside Parties
                                                  Your comment—including your name                        request in accordance with the law and                to Commissioners or Their Advisors
                                                  and your state—will be placed on the                    the public interest. Once your comment
                                                  public record of this proceeding,                                                                               Written communications and
                                                                                                          has been posted on the public FTC Web
                                                  including, to the extent practicable, on                site—as legally required by FTC Rule                  summaries or transcripts of oral
                                                  the public Commission Web site, at                      4.9(b)—we cannot redact or remove                     communications respecting the merits
                                                  http://www.ftc.gov/os/public                            your comment from the FTC Web site,                   of this proceeding, from any outside
                                                  comments.shtm.                                          unless you submit a confidentiality                   party to any Commissioner or
                                                     Postal mail addressed to the                         request that meets the requirements for               Commissioner’s advisor will be placed
                                                  Commission is subject to delay due to                   such treatment under FTC Rule 4.9(c),                 on the public record. See 16 CFR
                                                  heightened security screening. As a                     and the General Counsel grants that                   1.26(b)(5).
                                                  result, we encourage you to submit your                 request.                                                By direction of the Commission.
                                                  comments online, or to send them to the                    Requests to participate as a panelist at
                                                                                                                                                                Donald S. Clark,
                                                  Commission by courier or overnight                      the workshop should be submitted
                                                  service. To make sure that the                          electronically to                                     Secretary.
                                                  Commission considers your online                        contactlensworkshop2018@ftc.gov, or, if               [FR Doc. 2017–26445 Filed 12–7–17; 8:45 am]
                                                  comment, you must file it at https://                   mailed, should be submitted in the                    BILLING CODE 6750–01–P
                                                  ftcpublic.commentworks.com/ftc/                         manner detailed below. Parties are
                                                  contactlensworkshop, by following the                   asked to include in their requests a brief
                                                  instructions on the web based form.                     statement setting forth their expertise in
                                                  When this Notice appears at http://                     or knowledge of the issues on which the
                                                  www.regulations.gov/#!home, you also                    workshop will focus as well as their
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  may file a comment through that Web                     contact information, including a
                                                  site.                                                   telephone number and email address (if
                                                     Because your comment will be placed                  available), to enable the FTC to notify
                                                  on the publicly accessible FTC Web site                 them if they are selected.
                                                  at https://www.ftc.gov, you are solely                     If you file your comment or request on
                                                  responsible for making sure that your                   paper, write ‘‘Contact Lens Rule, 16 CFR
                                                  comment does not include any sensitive                  part 315, Comment, Project No.
                                                  or confidential information. In                         R511995’’ on your comment and on the


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Document Created: 2017-12-08 01:43:43
Document Modified: 2017-12-08 01:43:43
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
ActionPublic workshop and request for public comment.
DatesThe public workshop will be held on March 7, 2018, from 9:00 a.m. until 5:00 p.m., at the Constitution Center Conference Center, located at 400 7th Street SW., Washington, DC. Requests to participate as a panelist must be received by January 5, 2018. Any written comments related to the agenda topics or the issues discussed by the panelists at the workshop must be received by April 6, 2018.
ContactElizabeth Delaney, Attorney, 202-326- 2903, or Alysa Bernstein, Attorney, 202-326-3289, Federal Trade Commission, Division of Advertising Practices, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation82 FR 57889 

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