[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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