The Federal Trade Commission (FTC) has announced the submission of a draft Advance Notice of Proposed Rulemaking (ANPRM) concerning its Rule on Prenotification Negative Option Plans, commonly referred to as the Negative Option Rule. This submission is directed to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget.

According to Executive Orders 12866 and 14215, all executive branch departments and agencies are required to submit their proposed and final significant regulatory actions for review by OIRA. The OIRA has classified the planned ANPRM as a significant regulatory action, necessitating its review before the FTC can proceed with publication.

Once the OIRA completes its review, the FTC will be able to publish the ANPRM in the Federal Register. At that time, the FTC will also provide instructions for consumers on how to submit comments regarding the ANPRM.

The Commission's vote to approve the submission of the planned ANPRM for OIRA review was unanimous, with a 2-0 vote. The lead attorney handling this matter is Hong Park from the FTC’s Bureau of Consumer Protection.