The Federal Trade Commission announced today that it has submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) concerning the agency’s Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule, to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget.
Executive Orders 12866 and 14215 require all executive branch departments and agencies to submit their proposed and final “significant regulatory actions” for review by OIRA. OIRA determined that the planned ANPRM is a “significant regulatory action” and must undergo review before the FTC issues it.
Once OIRA completes its review, the FTC can publish the planned ANPRM in the Federal Register. The FTC will provide instructions at that time on how consumers can submit comments to the ANPRM.
The Commission vote approving the planned ANPRM submission for OIRA review was 2-0.
The lead attorney on this matter is Hong Park in the FTC’s Bureau of Consumer Protection.
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