Proposed Rule2023-10815
Public Workshop Examining Potential Amendments to the Funeral Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 23, 2023
Effective
September 7, 2023
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") will hold an in-person public workshop relating to its November 2, 2022, advance notice of proposed rulemaking ("2022 ANPR") on the Trade Regulation Rule entitled the "Funeral Industry Practices Rule" ("Funeral Rule" or "Rule"). The workshop will explore issues relating to the Funeral Rule's General Price List ("GPL") requirements, including whether and how funeral providers should be required to provide price lists electronically or online, and other issues raised in the comments received in response to the 2022 ANPR.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33011-33013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10815]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 453
RIN 3084-AB55
Public Workshop Examining Potential Amendments to the Funeral
Rule
AGENCY: Federal Trade Commission.
ACTION: Public workshop; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will
hold an in-person public workshop relating to its November 2, 2022,
advance notice of proposed rulemaking (``2022 ANPR'') on the Trade
Regulation Rule entitled the ``Funeral Industry Practices Rule''
(``Funeral Rule'' or ``Rule''). The workshop will explore issues
relating to the Funeral Rule's General Price List (``GPL'')
requirements, including whether and how funeral providers should be
required to provide price lists electronically or online, and other
issues raised in the comments received in response to the 2022 ANPR.
DATES: The public workshop will be held on September 7, 2023, from 9:30
a.m. until 3:30 p.m. at the Constitution Center Conference Center,
located at 400 7th Street SW, Washington, DC 20024. The workshop will
also be available for viewing via live webcast. Requests to participate
as a panelist must be received by June 19, 2023. Any written comments
related to the issues discussed at the workshop must be received by
October 10, 2023.
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 as a
Panelist part (Section IV) of the SUPPLEMENTARY INFORMATION section
below. Write ``Funeral Rule Workshop, Project No. P034410'' on your
comment or request to participate as a panelist. File your comment
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. File your request to participate
as a panelist by email to: <a href="/cdn-cgi/l/email-protection#e583908b8097848997908980a5839186cb828a93"><span class="__cf_email__" data-cfemail="f197849f9483909d83849d94b1978592df969e87">[email protected]</span></a>. If you prefer to file
your comment or request to participate on paper, write ``Funeral Rule
Workshop, Project No. P034410'' on your comment or request to
participate, and on the envelope, and mail your comment or request to
participate to the Federal Trade Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex F), Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT: Melissa Dickey, Division of Marketing
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2662; and
Samantha Denny, Midwest Region, Federal Trade Commission, 230 S.
Dearborn, Suite 3030, Chicago, IL 60604, (312) 960-5623.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission issued the Funeral Rule on September 24, 1982, and
it became fully effective on April 30, 1984.\1\ The Funeral Rule's
goals are to lower barriers to price competition in the funeral goods
and services market and to facilitate informed consumer choice.\2\ The
Rule helps to achieve these goals by ensuring that: (1) consumers have
access to sufficient information to permit them to make informed
decisions; (2) consumers are not required to purchase goods and
services they do not want and are not required to purchase by law; and
(3) misrepresentations are not used to influence consumers'
decisions.\3\
---------------------------------------------------------------------------
\1\ Portions of the Rule became effective on January 1, 1984,
and others became effective on April 30, 1984. See 48 FR 45537,
45538 (Oct. 6, 1983); 49 FR 564 (Jan. 5, 1984). Several funeral
providers challenged the Rule, but it was upheld by the Fourth
Circuit. Harry and Bryant Co. v. FTC, 726 F.2d 993 (4th Cir. 1984),
cert. denied, 469 U.S. 820 (1984). The Rule was amended on July 19,
1994 (59 FR 1592 (Jan. 11, 1994)), and the Third Circuit upheld the
amended Rule following a challenge. See Pennsylvania Funeral
Directors Ass'n, Inc. v. FTC, 41 F.3d 81, 83 (3rd Cir. 1994). On
March 14, 2008, the Commission completed a regulatory review and
concluded the Rule was still needed and should be retained. See 73
FR 13740, 13742 (Mar. 14, 2008).
\2\ See Original Funeral Rule Statement of Basis and Purpose, 47
FR 42260, 42260 (Sept. 24, 1982).
\3\ See id.
---------------------------------------------------------------------------
Among other things, the Rule specifies it is an unfair or deceptive
act or practice for a funeral provider to: (1) fail to furnish accurate
price information to the purchaser disclosing the cost for each of the
specific funeral goods or services used in connection with the
disposition of deceased human remains; \4\ (2) condition the furnishing
of any funeral good or funeral service upon the purchase of any other
funeral good or funeral service, or charge a fee as a condition for
furnishing any goods or services (e.g., a ``casket handling'' fee to
consumers who provide their own casket); \5\ or (3) embalm the deceased
for a fee without authorization when embalming is not required by
law.\6\ The Rule also specifies it is an unfair or deceptive act or
practice for a funeral provider to misrepresent certain legal or
cemetery requirements, including those for embalming, caskets or burial
containers, or any other funeral good or service.\7\
---------------------------------------------------------------------------
\4\ 16 CFR 453.2(a).
\5\ 16 CFR 453.4(b)(1).
\6\ 16 CFR 453.5(a).
\7\ See 16 CFR 453.3-453.5 (listing additional unfair or
deceptive acts or practices and preventative requirements).
---------------------------------------------------------------------------
The Rule sets forth preventative requirements in the form of
itemized price and information disclosures to ensure funeral providers
do not engage in the unfair or deceptive acts or practices described in
the foregoing paragraph. First, the Rule requires funeral providers to
provide persons inquiring in-person about funeral goods or services
with a GPL, which lists the goods and services they offer and their
itemized prices, along with specific disclosures.\8\ Second, the Rule
requires funeral providers to show persons inquiring in-person a Casket
Price List (``CPL'') identifying the caskets and alternative containers
they offer, and an Outer Burial Container Price List (``OBCPL'')
listing the vaults and grave liners they offer, along with specific
disclosures.\9\ Third, funeral providers are required to tell persons
``who ask by telephone about the funeral provider's offerings or prices
. . . any accurate information'' from the GPL, CPL, or OBCPL, ``and any
other readily available information that reasonably answers the
question.'' \10\ Fourth, the Rule requires that, at the conclusion of
the discussion of arrangements, funeral providers provide consumers
with an itemized statement showing all the items selected by the
customer and the itemized and total costs for those goods and services,
along with other specific disclosures.\11\
---------------------------------------------------------------------------
\8\ 16 CFR. 453.2(b)(4).
\9\ 16 CFR 453.2(b)(2)-(3).
\10\ 16 CFR 453.2(b)(1).
\11\ 16 CFR 453.2(b)(5).
---------------------------------------------------------------------------
On February 14, 2020, the Commission initiated a review of the Rule
as part of its periodic review of its rules and guides, and solicited
comments on, among other issues, the continued usefulness of the
Rule.\12\ In response to its request for comments, the Commission
received 785 comments from a diverse group of respondents. Most
commenters supported the retention of the Rule, with many
[[Page 33012]]
commenters proposing changes to its requirements.
---------------------------------------------------------------------------
\12\ 85 FR 8490 (Feb. 14, 2020).
---------------------------------------------------------------------------
On November 2, 2022, the Commission published an advance notice of
proposed rulemaking (``ANPR'') in the Federal Register, announcing the
Commission was considering several potential amendments to the
Rule.\13\ The Commission sought comment about seven topic areas: (1)
whether and how funeral providers should be required to display or
distribute their price information online or through electronic media;
(2) whether funeral providers should be required to disclose third
party crematory or other fees on the GPL; (3) whether the Rule's
requirements regarding reduced basic services fees should be amended;
(4) whether the Rule should be amended to account for new forms of
disposition of human remains; (5) whether the Rule's embalming
disclosure requirements should be amended; (6) whether the Rule should
be changed to improve the readability of the price lists; and (7)
whether changes should be made to the Rule to avoid negatively
impacting underserved communities.\14\ The comment period, as extended,
closed on January 17, 2023.\15\ In response to the ANPR, the Commission
received over 663 comments, including comments from consumers, consumer
advocates, funeral homes, and industry advocates.
---------------------------------------------------------------------------
\13\ 87 FR 66096 (Nov. 2, 2022).
\14\ See id. at 66111-14.
\15\ See Press Release, FTC, FTC Extends Public Comment Period
on Potential Funeral Rule Changes to January 17, 2023 (Dec. 21,
2022), <a href="https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-extends-public-comment-period-potential-funeral-rule-changes-january-17-2023">https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-extends-public-comment-period-potential-funeral-rule-changes-january-17-2023</a>.
---------------------------------------------------------------------------
II. Issues for Discussion at the Workshop
As part of its rulemaking, the FTC is hosting an in-person public
workshop to seek information about the potential amendments described
in the 2022 ANPR. The workshop may cover such topics as:
(1) Online or electronic disclosures of price information;
(2) New forms of disposition of human remains; and
(3) The GPL, including the readability of the GPL, the Rule's
embalming disclosure requirement and other mandatory disclosures,
whether third-party crematory fees and other third-party fees should be
disclosed in the GPL, and whether funeral providers should be required
or permitted to give out GPLs in languages other than English in any
circumstances.
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 in-person workshop, which is free and open to the public, will
be conducted in a roundtable format and will be held at the
Constitution Center, 400 7th Street SW, Washington, DC 20024. 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. The
workshop will also be available for viewing via live webcast on the
FTC's website at <a href="https://www.ftc.gov/news-events/events/2023/09/funeral-rule-workshop">https://www.ftc.gov/news-events/events/2023/09/funeral-rule-workshop</a>.
A court reporter will be present to record the proceedings so a
transcription can be made for the public record. This event may also 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 <a href="https://www.ftc.gov">https://www.ftc.gov</a> 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 one or more 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 June 19, 2023, as explained in Section IV below. Persons
selected as panelists will be notified on or before August 16, 2023.
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 their participation in 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 issues discussed at the workshop, such comments should
be filed as prescribed in Section IV of this document and must be
received on or before October 10, 2023. The Commission invites comments
only on the specific issues discussed at the workshop.
IV. Filing Comments and Requests To Participate as a Panelist
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before October 10,
2023. Write ``Funeral Rule Workshop, Project No. P034410'' on your
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 publicly available website, <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 overnight
service. To make sure the Commission considers your online comment, you
must file it through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website by
following the instructions on the web-based form provided.
Because your comment will be placed on the public record, you are
solely responsible for making sure 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 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
[[Page 33013]]
and legal basis for the request and must identify the specific portions
of the comments to be withheld from the public record.\16\ 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> website, we
cannot redact or remove your comment, 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.
---------------------------------------------------------------------------
\16\ See 16 CFR 4.9(c).
---------------------------------------------------------------------------
Requests to participate as a panelist at the workshop should be
submitted electronically to <a href="/cdn-cgi/l/email-protection#3c5a4952594e5d504e4950597c5a485f125b534a"><span class="__cf_email__" data-cfemail="6a0c1f040f180b06181f060f2a0c1e09440d051c">[email protected]</span></a>, or, if mailed, should
be submitted in the manner detailed below. For the Commission to
consider your request to participate as a panelist, we must receive it
by June 19, 2023. 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 FTC staff to notify them if they are selected.
If you file request to participate on paper, write ``Funeral Rule
Workshop, Project No. P034410'' on your request to participate, and on
the envelope, and mail your request to participate to the Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex F), Washington, DC 20580. If possible, submit your
request to participate to the Commission by overnight service.
Visit the Commission website at <a href="https://www.ftc.gov">https://www.ftc.gov</a> to read this
document and the news release describing it. The FTC Act and other laws
the Commission administers permit the collection of public comments to
consider and use in this proceeding as appropriate. The Commission will
consider all timely and responsive public comments it receives on or
before October 10, 2023. The Commission will consider all timely
requests to participate as a panelist in the workshop it receives by
June 19, 2023. For information on the Commission's privacy policy,
including routine uses permitted by the Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-10815 Filed 5-22-23; 8:45 am]
BILLING CODE 6750-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.