FTC Ext Request FINAL


January 31, 2023


Re: Notice of Proposed Rulemaking, Federal Trade Commission; Non-Compete Clause Rule; 88 Fed. Reg. 3482 (RIN: 3084-AB74) (January 19, 2023)

Dear Ms. Tabor:

The 100 undersigned organizations request that the Federal Trade Commission (“FTC”) extend the comment period to the above-referenced notice of proposed rulemaking (“NPRM”) for an additional 60 days. The regulated community should be given sufficient time to assess the potential consequences of the rulemaking and develop insightful comments for the Commission to consider.

This rulemaking, as the FTC itself acknowledges, will impact a significant portion of the economy. Given the breadth of the rule, a sufficient comment period is needed to ensure the regulated community can fully assess its effects.

Moreover, there are significant legal questions that must be addressed by commenters. Among the issues raised by the FTC action is whether the Commission has the legal authority to issue such a rulemaking, the rule’s potential preemption of the numerous state laws and regulations on this issue, and how such preemption will alter the regulated community’s legal obligations.

Considering the potential impact of this proposal, the undersigned organizations urge the FTC to extend the comment period an additional 60 days. Doing so would ensure the regulated community can fully and confidently provide comprehensive comments to the Commission. Thank you for your consideration of this matter.


ACA International

Advanced Medical Technology Association

The Alternative Investment Management Association

American Bakers Association

American Council of Engineering Companies

American Financial Services Association

American Hospital Association

American Hotel and Lodging Association

American Investment Council

American Staffing Association

American Trucking Associations

The Asset Management Group of the Securities Industry and Financial Markets Association

Associated Builders and Contractors

Associated Builders and Contractors Michigan

Associated General Contractors of America

Associated Industries of Vermont

Association of Dental Support Organizations

Association of National Advertisers

Association of Washington Business

Business & Industry Association of New Hampshire

Business Roundtable

Computer & Communications Industry Association

Connecticut Business & Industry Association

Consumer Brands Association

Consumer Technology Association

Council of Insurance Agents & Brokers

Dayton Area Chamber of Commerce

Delaware Manufacturing Association

Delaware Retail Council

Delaware State Chamber of Commerce

Direct Selling Association

Electronic Transactions Association

Federation of American Hospitals

FIA Principal Traders Group

Florida Chamber of Commerce

FMI - The Food Industry Association

Greater North Dakota Chamber

HR Policy Association

Illinois Manufacturers' Association

Independent Community Bankers of America

Independent Electrical Contractors

Independent Insurance Agents & Brokers of America

Independent Lubricant Manufacturers Association

International Franchise Association

ITI - The Information Technology Industry Council

Kansas Chamber and Kansas Manufacturing Council

Lake State Railway Company

Littler Mendelson Workplace Policy Institute

Louisiana Association of Business and Industry

Managed Funds Association

MEMA, The Vehicle Suppliers Association

Metals Service Center Institute

Mississippi Manufacturers Association

Mortgage Bankers Association

National Association of Benefits and Insurance Professionals

National Association of Chemical Distributors

National Association of Convenience Stores

National Association of Insurance and Financial Advisors

National Association of Manufacturers

National Association of Mutual Insurance Companies

National Association of Wholesaler-Distributors

National Automobile Dealers Association

National Council of Chain Restaurants

National Federation of Independent Business

National Lumber & Building Material Dealers Association

National Mining Association

National Newspaper Association

National Pest Management Association

National Propane Gas Association

National Restaurant Association

National Retail Federation

National Roofing Contractors Association

National Tooling and Machining Association

National Waste & Recycling Association

NATSO, Representing America's Travel Plazas and Truckstops

Nebraska Chamber of Commerce & Industry


New Mexico Business Coalition

North Carolina Chamber

Oregon Business & Industry

Pennsylvania Chamber of Business and Industry

Pennsylvania Food Merchants Association

Precision Machined Products Association

Precision Metalforming Association

Reinsurance Association of America

Restaurant Law Center

Retail Industry Leaders Association

Rhode Island Manufacturers Association

Securities Industry and Financial Markets Association

Security Industry Association

SIGMA: America's Leading Fuel Marketers

Software & Information Industry Association

South Carolina Chamber of Commerce

Tennessee Chamber and Manufacturers Association

U.S. Chamber of Commerce

U.S. Tire Manufacturers Association

West Virginia Manufacturers Association

Wholesale & Specialty Insurance Association

Window Covering Manufacturers Association

Wisconsin Manufacturers & Commerce

FTC Ext Request FINAL