Notice2025-18319
Semiannual Regulatory Agenda
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
September 22, 2025
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission (FTC or Commission) is publishing its semiannual regulatory agenda in accordance with section 22(d)(1) of the Federal Trade Commission Act, 15 U.S.C. 57b-3(d)(1) and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 to 612, as amended by the Small Business Regulatory Enforcement Fairness Act.
Full Text
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<title>Federal Register, Volume 90 Issue 181 (Monday, September 22, 2025)</title>
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[Federal Register Volume 90, Number 181 (Monday, September 22, 2025)]
[Proposed Rules]
[Pages 45644-45646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18319]
[[Page 45643]]
Vol. 90
Monday,
No. 181
September 22, 2025
Part XX
Federal Trade Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 90, No. 181 / Monday, September 22, 2025 /
Unified Agenda
[[Page 45644]]
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FEDERAL TRADE COMMISSION
16 CFR Ch. I
Semiannual Regulatory Agenda
AGENCY: Federal Trade Commission.
ACTION: Semiannual Regulatory Agenda.
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SUMMARY: The Federal Trade Commission (FTC or Commission) is publishing
its semiannual regulatory agenda in accordance with section 22(d)(1) of
the Federal Trade Commission Act, 15 U.S.C. 57b-3(d)(1) and the
Regulatory Flexibility Act (RFA), 5 U.S.C. 601 to 612, as amended by
the Small Business Regulatory Enforcement Fairness Act.
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\
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\1\ E.O. 14215 ``Ensuring Accountability for All Agencies'' (90
FR 10447 (Feb. 18, 2025)), among other items, requires independent
agencies to submit to the Office of Management and Budget for review
all significant proposed and final regulatory actions pursuant to
E.O. 12866 Section 6.
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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 <a href="http://www.reginfo.gov">www.reginfo.gov</a> and <a href="http://www.regulations.gov">www.regulations.gov</a> 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.
FOR FURTHER INFORMATION CONTACT: For information about specific
regulatory actions listed in the agenda, call, email, or write the
contact person listed for each particular proceeding. General comments
or questions about the agenda should be directed to G. Richard Gold;
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580, telephone: (202) 326-3355; email: <a href="/cdn-cgi/l/email-protection#9be9fcf4f7ffdbfdeff8b5fcf4ed"><span class="__cf_email__" data-cfemail="a8dacfc7c4cce8cedccb86cfc7de">[email protected]</span></a>.
By direction of the Commission.
April J. Tabor,
Secretary.
[[Page 45645]]
Federal Trade Commission--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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307....................... Non-Compete Clause Rule... 3084-AB74
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Federal Trade Commission--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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308....................... Unfair or Deceptive Fees 3084-AB77
Trade Regulation Rule.
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Federal Trade Commission (FTC) Final Rule Stage
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307. NON-COMPETE CLAUSE RULE [3084-AB74]
Legal Authority: 15 U.S.C. 41 to 58
Abstract: On January 19, 2023, the Commission proposed the Non-
Compete Clause Rule. 88 FRS 3482 (Jan. 19, 2023). The comment period as
extended closed on April 19, 2023, 88 FR 20441 (Apr. 6, 2023), and the
Commission received over 26,000 public comments. The Commission issued
a final rule on May 7, 2024. 89 FR 38342 (May 7, 2024). The Non-Compete
Clause Rule provides that it is an unfair method of competition and
therefore a violation of section 5 of the Federal Trade Commission Act
for persons to, among other things, enter into or attempt to enter into
non-compete clauses with workers on or after the final rule's effective
date. On August 15, 2024, a federal district court in Florida issued a
decision granting a stay and enjoining the FTC's enforcement of the
Rule against the plaintiff in that case. On August 20, 2024, a federal
district court in Texas issued a similar order, which had a nationwide
effect of stopping the FTC from enforcing the rule on September 4,
2024, the rule's effective date. On March 7, 2025, the federal
government filed motions for a 120-day stay of its challenges in the
U.S. Court of Appeals for the Fifth and Eleventh Circuits. The appeals
courts are considering the lower federal court rulings in Texas and
Florida that invalidated or enjoined, respectively, the Biden-era FTC
rule that would have banned nearly all noncompete agreements. The Rule
is under review.
Timetable:
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Action Date FR Cite
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NPRM................................ 01/19/23 88 FR 3482
NPRM Comment Period Extended........ 04/06/23 88 FR 20441
NPRM Extended Comment Period End.... 04/19/23
Final Rule.......................... 05/07/24 89 FR 38342
Final Rule Effective Date--stayed... 09/04/24
Motion to Stay Ruling for 120 Days.. 03/21/25
FTC Files Status Report With Court.. 07/00/25
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Regulatory Flexibility Analysis Required: Yes
Agency Contact: Clarke Edwards, Acting Director, Office of Policy
Planning, Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone: 202 326-2097
Email: <a href="/cdn-cgi/l/email-protection#5734323320362533241731233479303821"><span class="__cf_email__" data-cfemail="5f3c3a3b283e2d3b2c1f392b3c71383029">[email protected]</span></a>
RIN: 3084-AB74
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Federal Trade Commission (FTC) Completed Actions
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308. UNFAIR OR DECEPTIVE FEES TRADE REGULATION RULE [3084-AB77]
Legal Authority: 15 U.S.C. secs. 41 to 58
Abstract: On November 8, 2022, the Federal Trade Commission issued
an advance notice of proposed rulemaking to address certain deceptive
or unfair acts or practices relating to fees. 87 FR 67413 (Nov. 8,
2022). A Commission rule codifying prohibitions against or limitations
on certain kinds of prevalent unfair or deceptive fee practices
protects the American people and brings greater price transparency to
the marketplace. The Commission solicited written comment, data, and
argument concerning the need for such a rulemaking to prevent persons,
entities, and organizations from imposing such fees on consumers. The
public comment period as extended closed on February 8, 2023.
On November 9, 2023, the Commission issued a notice of proposed
rulemaking to promulgate a trade regulation rule to prohibit unfair or
deceptive practices relating to fees for goods or services,
specifically, misrepresenting the total costs of goods and services by
omitting mandatory fees from advertised prices and misrepresenting the
nature and purpose of fees. 88 FR 77420 (Nov. 9, 2023). The extended
public comment period closed on February 7, 2024. On April 24, 2024,
the Commission held an informal hearing at the request of eight
commenters. Seventeen commenters participated at the informal hearing.
On January 10, 2025, the Commission issued the Final Rule, which
requires that businesses clearly and conspicuously disclose the true
total price inclusive of all mandatory fees whenever they offer,
display, or advertise any price of live-event tickets or short-term
lodging. Businesses cannot misrepresent any fee or charge in any offer,
display, or ad for live-event tickets or short-term lodging. 90 FR 2066
(Jan. 10, 2025). The Rule was effective on May 12, 2025.
Timetable:
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Action Date FR Cite
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ANPRM............................... 11/08/22 87 FR 67413
ANPRM Extended Comment Period End... 02/08/23 88 FR 4796
NPRM................................ 11/09/23 88 FR 77420
NPRM Comment Period Extended........ 01/02/24 89 FR 38
NPRM Extended Comment Period End.... 02/07/24
Notice of Informal Hearing.......... 03/27/24 89 FR 21216
Informal Hearing.................... 04/24/24
Final Rule.......................... 01/10/25 90 FR 2066
Final Rule Effective Date........... 05/12/25
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Regulatory Flexibility Analysis Required: Yes
Agency Contact: Janice Kopec, Attorney, Federal Trade Commission,
600 Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-2550
Email: <a href="/cdn-cgi/l/email-protection#650f0e0a150006250311064b020a13"><span class="__cf_email__" data-cfemail="e8828387988d8ba88e9c8bc68f879e">[email protected]</span></a>
[[Page 45646]]
Edwin Rodriguez, Attorney, Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC 20580
Phone: 202 326-3147
Email: <a href="/cdn-cgi/l/email-protection#5d382f32392f343a2838271d3b293e733a322b"><span class="__cf_email__" data-cfemail="a6c3d4c9c2d4cfc1d3c3dce6c0d2c588c1c9d0">[email protected]</span></a>
RIN: 3084-AB77
[FR Doc. Filed 08-18-25; 0:00 a.m.]
BILLING CODE 6750-01-P
[FR Doc. 2025-18319 Filed 9-19-25; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on September 22, 2025.
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