SUPPLEMENTARY INFORMATION:

The Commission's agenda follows guidelines and procedures issued March 26, 2025, by the Office of Management and Budget in accordance with the provisions of Executive Order (E.O.) 12866, “Regulatory Planning and Review,” of September 30, 1993, 58 FR 51735 (Oct. 4, 1993).^[1]

The Government-wide Unified Agenda of Federal Regulatory and Deregulatory Actions includes a list of all regulatory actions under development or review and is scheduled for publication in its entirety on www.reginfo.gov and www.regulations.gov in a format that offers users a greatly enhanced ability to obtain information from the agenda database.

The RFA requires publication in the Federal Register of agenda entries for rules that are likely to have a significant impact on a substantial number of small entities (5 U.S.C. 602) and any such rules that the agency has identified for periodic review under section 610 of the RFA. For spring 2025, the Commission has one rule, the Unfair or Deceptive Fees Trade Regulation Rule, 16 CFR 464, that meets the RFA's publication requirements. In addition, the Commission has rules or rulemakings that would be a “significant regulatory action” under the definition in Executive Order 12866, including: the Unfair or Deceptive Fees Trade Regulation Rule, 16 CFR 464; the amendments to the Premerger Notification Rules and Report Form, found at 16 CFR 801-803 and relating to substantive HSR form changes, including implementing congressionally-mandated reporting requirements on foreign subsidies; the Non-Compete Clause Rule, 16 CFR 910, a rule that is subject to ongoing litigation, and the Combating Auto Retail Scams Trade Regulation Rule, a rule that has since been vacated by the courts and which was to have otherwise been codified at 16 CFR 463.

The Commission has identified rulemakings that are likely to have some impact on small entities, but do not meet the RFA's publication requirements. The current rulemakings that are likely to have some impact on small entities are: (1) the Energy Labeling Rule, 16 CFR 305; (2) the Alternative Fuels Rule, 16 CFR 309; (3) the Telemarketing Sales Rule, 16 CFR 310; (4) the Children's Online Privacy Protection Rule, 16 CFR 312; (5) the Negative Option Rule, 16 CFR 425; (6) the Cooling-Off Rule, 16 CFR 429; (7) the Franchise Rule, 16 CFR 436; (8) the Business Opportunity Rule, 16 CFR 437; (9) the Funeral Rule, 16 CFR 453; (10) the Trade Regulation Rule on Impersonation of Government and Businesses, 16 CFR 461; (11) the Identity Theft Rules, 16 CFR 681; (12) the proposed Trade Regulation Rule on Earnings Claims, to be codified at 16 CFR 462; (13) the potential Trade Regulation Rule on Commercial Surveillance, 87 FR 51273 (Aug. 22, 2022); and (14) the Trade Regulation Rule on Unfair and Deceptive Fees, 16 CFR 464.

This agenda reflects only deregulatory plans already announced by the Commission. In line with the President's Executive Orders 14192, “Unleashing Prosperity Through Deregulation,” 90 FR 9065 (Feb. 6, 2025), and 14219, “Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative,” 90 FR 10583 (Feb. 25, 2025), the Commission is considering further deregulatory actions not reflected in this agenda. The Commission's rulemaking review process carefully considers regulatory burdens and streamlines rules when feasible and appropriate. In particular, the Commission intends to review decades-old rules to determine whether they are obsolete and could be narrowed or rescinded.

The majority of the rulemakings listed in the agenda are being conducted as part of the Commission's systematic review of all of its regulations and guides on a rotating basis. Under the Commission's program, rules are reviewed on a 10-year schedule. In each rule review, the Commission requests public 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. These reviews incorporate and expand upon the review required by the RFA and regulatory reform initiatives directing agencies to conduct a review of all regulations and eliminate or revise those that are outdated or otherwise in need of reform.

Except for notice of completed actions, the information in this agenda represents the judgment of Commission staff, based upon information now available. Each projected date of action reflects FTC staff's assessment that the specified event will occur this year. No final determination by the staff or the Commission respecting the need for or the substance of a rule should be inferred from the notation of projected events in this agenda. In most instances, the dates of future events are listed by month, not by a specific day. The information in this agenda may change as new information, changes of circumstances, or changes in the law occur.