The Federal Trade Commission (FTC) has submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) related to its Rule Concerning the Use of Prenotification Negative Option Plans, also known as the Negative Option Rule, to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for review.
Under Executive Orders 12866 and 14215, executive branch departments and agencies must submit their proposed and final significant regulatory actions to OIRA for evaluation. OIRA has determined that the FTC's planned ANPRM qualifies as a significant regulatory action and requires review before publication.
After OIRA completes its review process, the FTC will be able to publish the ANPRM in the Federal Register. At that point, instructions will be provided for consumers on how to submit comments regarding the proposal.
The Commission approved submitting the planned ANPRM for OIRA review with a unanimous 2-0 vote. Hong Park from the FTC’s Bureau of Consumer Protection is serving as lead attorney on this matter.
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