[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)]
[Rules and Regulations]
[Page 43599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20698]


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FEDERAL TRADE COMMISSION

16 CFR Part 2


Procedures in Prior Approval Proceedings

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission is amending its procedures 
governing applications for approval of proposed divestitures, 
acquisitions, or similar transactions that are subject to Commission 
review under outstanding orders. The amendment repeals the unnecessary 
and burdensome requirement for disclosure on the public record of 
communications concerning an application from persons outside the 
Commission to Commissioners and their advisors.

EFFECTIVE DATE: August 11, 1999.

FOR FURTHER INFORMATION CONTACT: Marc Winerman, Attorney, Office of the 
General Counsel, 202-326-2451.

SUPPLEMENTARY INFORMATION: Commission Rule 2.41(f)(3), 16 CFR 
2.41(f)(3), requires that Commissioners and their advisors 
expeditiously disclose written communications, and memoranda setting 
forth the full contents and circumstances of oral communications, that 
they receive from outside parties concerning a prior approval 
application. The Commission is repealing this legally unnecessary and, 
in practice, burdensome provision. Consistent with existing practice, 
however, the Commission will provide applicants with an explanation of 
any adverse information that the Commission may consider, and provide 
applicants with an opportunity to respond. Applicants will thus 
continue to have an opportunity to respond to significant information 
transmitted by outside parties directly to Commissioners' offices 
(which former Rule 2.41(f)(3) covered), as well as information 
transmitted by outside parties to staff and through staff to those 
offices (which the former rule did not cover).

    Procedural matters. The proposed amendments is exempt from the 
notice and comment requirements of the Administrative Procedure Act as 
a rule ``of agency organization, procedure, or practice.'' 5 U.S.C. 
553(b)(A). It does not entail information collection and thus is not 
subject to the Paperwork Reduction Act of 1980. 44 U.S.C. 3501 et seq. 
And it will not have a significant economic impact on a substantial 
number of small businesses, and is not subject to the requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in CFR Part 2

    Administrative practice and procedure, reporting and record-keeping 
requirements.
    Accordingly, the Federal Trade Commission amends Title 16, Chapter 
1, Subchapter A, the Code of Federal Regulations as follows:

PART 2--NON-ADJUDICATIVE PROCEDURES

    1. The authority for part 2 continues to read as follows:

    Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 46.

    2. In Sec. 2.41, paragraph (f)(3) is removed.
    3. In Sec. 2.41, paragraphs (f)(4) and (5) are redesignated as 
paragraphs (f)(3) and (4), respectively.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 99-20698 Filed 8-10-99; 8:45 am]
BILLING CODE 6750-01-M