FTC's Rulemaking Agenda: Business as Usual
Published Date: 8/14/2026
Proposed Rule
Summary
The Federal Trade Commission (FTC or Commission) is publishing its 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. The Commission's agenda follows guidelines and procedures issued September 15, 2025, by the Office of Management and Budget in accordance with the provisions of Executive Order 12866, "Regulatory Planning and Review," 58 FR 51735 (Oct. 4, 1993) and Executive Order 14192, "Unleashing Prosperity Through Deregulation," 90 FR 9065 (Feb. 6, 2025). 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 www.reginfo.gov and www.regulations.gov 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 the 2026 agenda, the Commission has no rule that meets the RFA's publication requirements. 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 Fuel Rule, 16 CFR 309; (3) the removal of the vacated 2024 amendments to the Negative Option Rule, 16 CFR 425; (4) the Cooling-Off Rule, 16 CFR 429; (5) the Amplifier Rule, 16 CFR 432; (6) the Business Opportunity Rule, 16 CFR 437; (7) the Impersonation Rule, 16 CFR 461; (8) the withdrawal of the final rule for the vacated Combating Auto Retail Scams Rule (16 CFR 463); (9) the proposed Earnings Claims Trade Regulation Rule, to be codified at 16 CFR 462; (10) Unfair or Deceptive Fees Trade Regulation Rule, 16 CFR 464; and (11) the removal of the vacated Non-Compete Clause Rule from 16 CFR 910. The Commission's rulemaking review process carefully considers regulatory burdens and streamlines rules when feasible and appropriate. 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.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Non‑Compete Clause Rule Removed Feb 12, 2026
The FTC removed the Non-Compete Clause Rule from the Code of Federal Regulations on February 12, 2026 (16 CFR part 910). The rule had proposed that entering into non-compete clauses with workers on or after the final rule's effective date would be an unfair method of competition; enforcement had been stayed and the Commission acceded to vacatur on September 5, 2025.
No 2026 RFA‑Triggering FTC Rules
For the 2026 agenda, the Federal Trade Commission reports it has no rule that meets the Regulatory Flexibility Act's publication requirements under 5 U.S.C. 602. That means the Commission says there are no rules in this agenda it believes are likely to have a significant impact on a substantial number of small entities for 2026.
11 Rulemakings May Affect Small Entities
The FTC identifies 11 current rulemakings that it says are likely to have some impact on small entities but do not meet the RFA publication threshold for significant impact. The listed items include: Energy Labeling Rule (16 CFR 305); Alternative Fuel Rule (16 CFR 309); removal of vacated 2024 amendments to the Negative Option Rule (16 CFR 425); Cooling-Off Rule (16 CFR 429); Amplifier Rule (16 CFR 432); Business Opportunity Rule (16 CFR 437); Impersonation Rule (16 CFR 461); withdrawal of the vacated Combating Auto Retail Scams Rule (16 CFR 463); proposed Earnings Claims Trade Regulation Rule (16 CFR 462); Unfair or Deceptive Fees Trade Regulation Rule (16 CFR 464); and removal of the vacated Non-Compete Clause Rule (16 CFR 910).
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Key Dates
Related Federal Register Documents
2026-15955, Privacy Act of 1974; System of Records
The FTC proposes to modify its Privacy Act system of records notices (SORNs) by adding a routine use to four specific SORNs to comply with Executive Order 14249, Protecting America's Bank Account Against Fraud, Waste, and Abuse, and OMB Memorandum M-25-32, Preventing Improper Payments and Protecting Privacy Through Do Not Pay. The FTC is also separately making technical changes to three of these SORNs.
2026-15913, Caremark and Zinc Health Services; Analysis of Proposed Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Agreement Containing Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order--embodied in the consent agreement-- that would settle these allegations.
2026-15182, Petition for Rulemaking of the National Consumers League, Campaign for Fairer Gambling, the National Council for Problem Gambling, the Public Health Advocacy Institute, and Truth in Advertising, Inc.
Please take notice that the Federal Trade Commission ("Commission") received a petition for rulemaking from the National Consumers League, Campaign for Fairer Gambling, the National Council for Problem Gambling, the Public Health Advocacy Institute, and Truth in Advertising, Inc., and has published that petition online at https://www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
2026-14920, Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission wants to keep its rules for how gas stations and fuel sellers measure and share fuel quality for three more years. This affects refiners, importers, distributors, and retailers who must keep records and share fuel ratings. Comments on this plan are open until September 21, 2026, and the paperwork costs about $455,000 a year in labor.
2026-14038, Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission wants to keep its Informal Dispute Settlement Rules going for three more years and is asking the public to share their thoughts by August 12, 2026. This affects car makers and others who use these dispute rules, with an estimated yearly cost of about $340,000 and nearly 12,000 hours spent on paperwork. No big changes, just a smooth extension to keep things running.
2026-14039, Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The Federal Trade Commission wants to keep its rules about how lenders must tell you if your credit terms are less favorable because of your credit report. This extension keeps the current paperwork rules in place for three more years, affecting businesses that lend money. If you have thoughts, you’ve got until August 12, 2026, to share them—no extra costs or big changes, just a smooth continuation!
Previous / Next Documents
Previous: 2026-16616, Regulatory Agenda
We are publishing our regulatory agenda (the Agenda) in accordance with Public Law 96-354, "The Regulatory Flexibility Act," and Executive Order 12866, "Regulatory Planning and Review." FERC's complete Agenda, available on OMB's website at https://www.reginfo.gov, is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. Our last Agenda was provided in May 2025 and in this current agenda, we have listed 42 rulemaking activities. We also note that the Agency has one inactive rulemaking that is not listed in this Agenda. This issuance of our Agenda contains ten (10) Pre-Rules, eleven (11) Notice of Proposed Rules, eight (8) Final Rules, and thirteen (13) Completed activities. Four (4) rulemakings are Section 3(f)(1) Significant; two (2) are Other Significant; one (1) is a routine rulemaking activity; two (2) are administrative, and thirty-two (32) are Substantive, Nonsignificant rulemaking activities.
Next: 2026-16618, Unified Agenda of Federal Regulatory and Deregulatory Actions
We are publishing our regulatory agenda (the Agenda) in accordance with Public Law 96-354, "The Regulatory Flexibility Act" (RFA), Executive Order (E.O.) 12866, "Regulatory Planning and Review," E.O. 14219, "Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative," E.O. 14215, "Ensuring Accountability for All Agencies," and E.O. 14192, "Unleashing Prosperity Through Deregulation." The NRC's Agenda is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. The NRC's Agenda was last issued online at the Office of Management and Budget's website at https://www.reginfo.gov on September 4, 2025, and published in the Federal Register on September 22, 2025 (90 FR 45648). This issuance of our Agenda contains information about rulemaking activities that are under development, completed, or canceled since the last Agenda.