[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Rules and Regulations]
[Pages 50430-50431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24598]
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FEDERAL TRADE COMMISSION
16 CFR Parts 2 and 3
Publication of Consent Agreements Accepted for Public Comment in
the Federal Register
AGENCY: Federal Trade Commission (FTC).
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission has revised Rule 2.34 and Rule
3.25(f) of its Rules of Practice, 16 CFR 2.34, 3.25(f) (1996), so that
the full text of consent agreements accepted for public comment will no
longer be published in the Federal Register. Instead, a summary of each
such agreement; the Analysis to Aid Public Comment that accompanies
each such agreement; and any Commission or Commissioner statements will
be published in the Federal Register after each such agreement is
placed on the public record. The Commission is not required by statute
to publish the full text of its consent agreements and related
documents in the Federal Register. Moreover, complete versions of these
materials are publicly available--from the Commission's Office of
Public Affairs, on its Internet World Wide Web Home Page (at ``http://
www.ftc.gov/os/actions.htm''), and from its Public Reference Room--
prior to the time they are published in the Federal Register. The
substantial expenditure of public funds required to publish full text
versions of consent agreements in the Federal Register therefore is not
warranted.
EFFECTIVE DATES: These rule amendments are effective on September 26,
1996. Comments may be filed with the Office of the Secretary until
October 28, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald S. Clark, Office of the Secretary, Federal Trade Commission,
Sixth Street and Pennsylvania Avenue N.W., Washington D.C. 20580 (202)
326-2514.
SUPPLEMENTARY INFORMATION: Section 2.34 of the Federal Trade Commission
Rules of Practice, 16 CFR 2.34 (1996), currently provides that when the
Commission accepts for public comment a consent agreement under Part 2
of its Rules of Practice, it ``will publish the agreement, order, and
explanation in the Federal Register.'' Similarly, section 3.25(f) of
the Rules, 16 CFR 3.25(f) (1996), provides that when the Commission
accepts for public comment a consent agreement under Part 3 of its
Rules of Practice, it ``will publish the agreement, order, and
explanation in the Federal Register.'' The Commission also places all
of the documents associated with each Part 2 or Part 3 consent
agreement--including the agreement itself, the complaint, the Analysis
to Aid Public Comment, any separate Commission or Commissioner
statements, and a news release--on the public record. The Commission
makes these documents available to the public in a number of locations,
including its Office of Public Affairs (in both paper and electronic
form), on its Internet World Wide Web Home Page (at ``http://
www.ftc.gov/os/actions/htm'') (in electronic form), and in its Public
Reference Room (in paper form).
The Commission estimates that it can save more than $60,000 each
year by instead printing only the following documents, for each consent
agreement, in the Federal Register: (1) A summary announcing the
commencement of the public comment period and indicating that the full
text of the consent agreement documents is available from the
Commission's Office of Public Affairs, on its Internet Home Page, and
from its Public Reference Room; (2) the analysis to aid public comment;
and (3) any Commission or Commissioner statements. The Commission
believes that this substantial reduction in expenditures can be
effected without any adverse effects on the public comment process. At
the time a particular consent agreement is placed on the public
record--that is, on the date on which the news release
[[Page 50431]]
describing it is issued--members of the public are fully informed both
of the terms of the agreement and of how they can file comments
concerning it. In addition, the news release and all of the consent
agreement documents typically are made public--in both paper and
electronic form--at least one week before the consent agreement and the
analysis appear in the Federal Register. As a result, most individuals
and entities first learn about the consent agreement from the news
release, or from news coverage of the agreement. Any member of this
group who wishes both to comment and to review the full text of the
agreement can request a copy from the Public Reference Room--using the
address and telephone number in the news release--or pick up a copy in
person. Moreover, members of the public can secure an electronic copy
of each consent agreement package from the Commission's Internet Home
Page (at ``http://www.ftc.gov/os/actions.htm'') or from the electronic
bulletin board maintained by the Commission's Office of Public Affairs.
Furthermore, the Federal Register notice announcing the agreement will
continue to provide--through the analysis to aid public comment--a
comprehensive description of both the agreement and the draft
complaint. As a result, Federal Register users will continue to be
informed of both the contours of the agreement and that they can, if
they wish, file comments concerning it. If they need additional detail
from the agreement itself, they can secure electronic copies and/or
paper copies from the above sources.
These rule revisions 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), nor to the
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601(2). The
Paperwork Reduction Act, 44 U.S.C. 3501, does not apply because these
revisions do not contain requirements for information collection
subject to approval of the Office of Management and Budget. Although
the rule revisions are effective immediately, the Commission welcomes
comment on them and will consider further revision, as appropriate.
Such comments may be filed with the Office of the Secretary until
October 28, 1996.
List of Subjects in 16 CFR Parts 2 and 3
Administrative practice and procedure.
In consideration of the foregoing, the Commission hereby amends
Title 16, Chapter I, Subchapter A, Parts 2 and 3 of the Code of Federal
Regulations, as follows:
1. The authority for Parts 2 and 3 continues to read as follows:
Authority: Sec. 6, 38 Stat. 721, 15 U.S.C. 46.
2. Section 2.34 is amended so that the third sentence after the
introductory text beginning with ``The Commission * * *'' and ending
with ``* * * Federal Register.'' is revised to read as follows:
Sec. 2.34 Disposition.
* * * * *
* * * The Commission will publish the explanation in the Federal
Register. * * *
3. Section 3.25(f) is amended so that the second sentence in the
concluding text beginning with ``The Commission * * *'' and ending with
``* * * Federal Register.'' is revised to read as follows:
Sec. 3.25 Consent agreement settlements.
* * * * *
(f) * * * The Commission will publish the explanation in the
Federal Register. * * *
* * * * *
By direction of the Commission, Commissioner Azcuenaga
dissenting.
Donald S. Clark,
Secretary.
Dissenting Statement of Commissioner Mary L. Azcuenaga Concerning
Commission Decision To Stop Publishing in the Federal Register the Full
Text of Consent Agreements Accepted for Public Comment
Today the Commission revokes its long held policy of publishing
in the Federal Register the full text of consent agreements accepted
for public comment. Instead, the Commission will publish a summary,
an analysis and any Commission or commissioner statements. In
announcing this decision, the Commission also advises that complete
versions of the consent agreement, including complaints and orders,
will continue to be available from the Commission's Office of Public
Affairs (the press office), the Commission's home page on the World
Wide Web and the Commission's Public Reference Room (the office that
serves the general public). In an ideal world, the attainment of
which is surely very near, these alternative sources should be
sufficient. Unless we can be confident, however, that the other
sources are adequately serving the wide audience that follows the
Commission's actions in the Federal Register, the abandonment of
that means of disseminating information seems premature.
The Commission has a long and admirable tradition of genuine
attentiveness to public comment and of seeking it out even when it
is not required by law to do so. Out of deference to the members of
the public whose interests we serve, many of whom have a keen
interest in and need to know about Commission decisions, I would
have preferred, before dispensing with our current practice, to have
greater reason for confidence in the adequacy of the alternative
sources of the information.
[FR Doc. 96-24598 Filed 9-25-96; 8:45 am]
BILLING CODE 6750-01-M