[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Rules and Regulations]
[Pages 32977-32978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16030]
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FEDERAL TRADE COMMISSION
16 CFR Parts 2 and 4
Delegation of Authority to Respond To Requests for Information
AGENCY: Federal Trade Commission (FTC).
ACTION: Final rules.
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SUMMARY: The Commission is revising its rules to authorize the General
Counsel's designee to: determine whether information is confidential or
should be placed on the public record; respond to requests for
nonpublic information by Federal and State agencies; determine which
portions of closed meeting transcripts or minutes to make public;
determine which portions of compliance reports, prior approval requests
and related supplemental materials, will be treated as confidential
when confidential treatment is requested at the time of submission; and
respond to requests to use nonpublic memoranda as writing samples or
for purposes of teaching, lecturing or writing. The General Counsel
will designate the Deputy General Counsel or an Assistant General
Counsel (or a senior manager in an equivalent level) to make these
determinations. The Commission is adopting these changes in order to
improve and expedite the process for responding to such requests. The
changes will affect internal procedures only and are not intended to
influence the outcomes of requests made under the Rules.
The Commission is inserting cross-references to certain
confidentiality rules to clarify and make consistent its procedures and
is removing language that is thereby made repetitive or is otherwise
unnecessary.
EFFECTIVE DATE: These amendments are effective June 17, 1998.
FOR FURTHER INFORMATION CONTACT:
Laura Berger, Attorney, 202-326-2471, Office of the General Counsel,
FTC, Sixth Street & Pennsylvania Avenue, NW, Washington, D.C. 20580.
SUPPLEMENTARY INFORMATION: The rule amendments relate solely to agency
practice and thus are not subject to the notice and comment
requirements of the Administrative Procedure Act, 5 U.S.C. 553(a)(2),
or to the requirements of the Regulatory Flexibility Act, 5 U.S.C.
601(2). The Paperwork Reduction Act, 44 U.S.C. 3501-3520, does not
apply to these amendments because they do not involve a request for any
person to report, keep records, or disclose information, and because
the amendment is purely administrative and does not affect persons as
defined by the Act. See 5 CFR 1320.3(c), 5 CFR 1320.3(c)(4).
List of Subjects
16 CFR Part 2
Administrative practice and procedure.
16 CFR Part 4
Administrative practice and procedure, Sunshine Act.
For the reasons set forth in the preamble, the Federal Trade
Commission amends Title 16, chapter 1, subchapter A, of the Code of
Federal Regulations as follows:
PART 2--NONADJUDICATIVE PROCEDURES
1. The authority citation for part 2, continues to read as follows:
Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 46.
2. Section 2.33 is revised to read as follows:
Sec. 2.33 Compliance procedure.
The Commission may in its discretion require that a proposed
agreement containing an order to cease and desist be accompanied by an
initial report signed by the respondent setting forth in precise detail
the manner in which the respondent will comply with the order when and
if entered. Such report will not become part of the public record
unless and until the accompanying agreement and order are accepted by
the Commission. At the time any such report is submitted a respondent
may request confidentiality for any portion thereof with a precise
showing of justification therefor as set out in Sec. 4.9(c) and the
General Counsel or the General Counsel's designee will dispose of such
requests in accordance with that section.
3. Section 2.41(f)(5) is revised to read as follow:
Sec. 2.41 Reports of compliance.
* * * * *
(f) * * *
(5) Persons submitting information that is subject to public record
disclosure under this section may request confidential treatment for
that information or portions thereof in accordance with Sec. 4.9(c) and
the General Counsel or the General Counsel's designee will dispose of
such requests in accordance with that section. Nothing in this section
requires that confidentiality requests be resolved prior to, or
contemporaneously with, the disposition of the application.
PART 4--MISCELLANEOUS RULES
4. The authority citation for part 4 continues to read as follows:
Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 46.
5. Section 4.9 is amended by revising paragraphs (b)(7)(i), (c)(1)
and (c)(3) to read as follows:
Sec. 4.9 The public record.
* * * * *
(b) * * *
(7) Compliance/Enforcement (16 CFR 2.33, 2.41). (i) Reports of
compliance filed pursuant to the rules in this chapter or pursuant to a
provision in a Commission order and supplemental
[[Page 32978]]
materials filed in connection with these reports, except for reports of
compliance, and supplemental materials filed in connection with
Commission orders requiring divestitures or establishment of business
enterprises of facilities, which are confidential until the last
divestiture or establishment of a business enterprise or facility, as
required by a particular order, has been finally approved by the
Commission, and staff letters to respondents advising them that their
compliance reports do not warrant any further action. At the time each
such report is submitted the filing party may request confidential
treatment in accordance with paragraph (c) of this section and the
General Counsel or the General Counsel's designee will pass upon such
request in accordance with that paragraph;
* * * * *
(c) Confidentiality and in camera material. (1) Persons submitting
material to the Commission described in this section may designate that
material or portions of it confidential and request that it be withheld
from the public record. All requests for confidential treatment shall
be supported by a showing of justification in light of applicable
statutes, rules, orders of the Commission or its administrative law
judges, orders of the courts, or other relevant authority. The General
Counsel or the General Counsel's designee will act upon such request
with due regard for legal constraints and the public interest. No such
material or portions of material (including documents generated by the
Commission or its staff containing or reflecting such material or
portions of material) will be placed on the public record until the
General Counsel or the General Counsel's designee has ruled on the
request for confidential treatment and provided any prior notice to the
submitter required by law.
* * * * *
(3) To the extent that any material or portions of material
otherwise falling within paragraph (b) of this section contain
information that is not required to be made public under Sec. 4.10 of
this part, the General Counsel or the General Counsel's designee may
determine, with due regard for legal constraints and the public
interest, to withhold such materials from the public record.
6. Section 4.11 is amended by revising paragraphs (c), (d), (f) and
(g) to read as follows:
Sec. 4.11 Disclosure requests.
* * * * *
(c) Requests from Federal and State law enforcement agencies.
Requests from law enforcement agencies of the Federal government for
nonpublic records shall be addressed to the liaison officer for the
requesting agency, or if there is none, to the General Counsel.
Requests from State agencies for nonpublic records shall be addressed
to the General Counsel. With respect to requests under this paragraph,
the General Counsel, the General Counsel's designee, or the appropriate
liaison officer is delegated the authority to dispose of them.
Alternatively, the General Counsel may refer such requests to the
Commission for determination, except that requests must be referred to
the Commission for determination where the Bureau having the material
sought and the General Counsel do not agree on the disposition. Prior
to granting access under this section to any material submitted to the
Commission, the General Counsel, the General Counsel's designee, or the
liaison officer will obtain from the requester a certification that
such information will be maintained in confidence and will be used only
for official law enforcement purposes. The certificate will also
describe the nature of the law enforcement activity and the anticipated
relevance of the information to that activity. A copy of the
certificate will be forwarded to the submitter of the information at
the time the request is granted unless the agency requests that the
submitter not be notified.
(d) Requests from Federal and State agencies for purposes other
than law enforcement. Requests from Federal and State agencies for
access to nonpublic records for purposes not related to law enforcement
should be addressed to the General Counsel. The General Counsel or the
General Counsel's designee is delegated the authority to dispose of
requests under this paragraph. Disclosure of nonpublic information will
be made consistent with sections 6(f) and 21 of the FTC Act. Requests
under this section shall be subject to the fee and fee waiver
provisions of Sec. 4.8.
* * * * *
(f) Requests by current or former employees to use nonpublic
memoranda as writing samples shall be addressed to the General Counsel.
The General Counsel or the General Counsel's designee is delegated the
authority to dispose of such requests consistent with applicable
nondisclosure provisions, including sections 6(f) and 21 of the FTC
Act.
(g) Employees are encouraged to engage in teaching, lecturing, and
writing that is not prohibited by law, Executive order, or regulation.
However, an employee shall not use information obtained as a result of
his Government employment, except to the extent that such information
has been made available to the general public or will be made available
on request, or when the General Counsel or the General Counsel's
designee gives written authorization for the use of nonpublic
information on the basis that the use is in the public interest.
7. Section 4.15 is amended by revising paragraph (c)(3) to read as
follows:
Sec. 4.15 Commission meetings.
* * * * *
(c) * * *
(3) Closed meeting transcripts or minutes required by 5 U.S.C.
552b(f)(1) will be released to the public insofar as they contain
information that either is not exempt from disclosure under 5 U.S.C.
552b(c), or, although exempt, should be disclosed in the public
interest. The Commission will determine whether to release, in whole or
in part, the minutes of its executive sessions to consider oral
arguments. With regard to all other closed meetings, the General
Counsel or the General Counsel's designee shall determine, in
accordance with Sec. 4.9(c), which portions of the transcripts or
minutes may be released.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-16030 Filed 6-16-98; 8:45 am]
BILLING CODE 6750-01-M
