General Procedures, Subpart A— Industry Guidance

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PROCEDURES AND RULES OF PRACTICE Miscellaneous Amendments The Commission announces the fol­ lowing amendments to 16 CFR Chapter I. The amendments are effective April 4, 1975.

PART 1— GENERAL PROCEDURES Subpart A— Industry Guidance 1. Section 1.4(b) is revised to provide for confidential treatment in appropriate circumstances of information contained in formal written objections or com­ ments on requests for advice concerning proposed mergers. Section 1.4(b) is re­ vised to read as follows: Section 1.4 Public disclosure.

* * * * * (b) All requests for advice submitted under § 1.2 concerning proposed mergers, together with supporting materials, will be placed on the public record as soon after they are received as circumstances permit, except for information for which confidential classification has been re­ quested, with a showing of justification therefor, and which the Commission, with due regard to statutory restrictions, its rules, and the‘public interest, has de­ termined should not be made public. Within thirty (30) days after such re­ quests and materials are placed on the public record, any person may file formal written objections or comments with the Secretary of the Commission. Such ob­ jections or comments shall be placed on the public record except for information for which confidentiality has been re­ quested, with a showing of justification RULES AND REGULATIONS 15233 therefor, and which the Commission with due regard to statutory restrictions, its rules, and the public interest, has deter­ mined should not be made public. Addi­ tionally, any communications, written or oral, concerning such proposed mergers, received by any individual member of the Commission, or by an employee involved in the decisional process, jvill be placed on the public record immediately after their receipt. In the case of an oral com­ munication, the member or employee shall immediately furnish the Commis­ sion with a memorandum setting forth the full contents of such communication and the circumstances thereof, and such memorandum will immediately be placed on the public record. Any advice given under § 1.3 concerning proposed mergers, together with a statement of supporting reasons, will be published when given. Subpart G— Injunctive and Condemnation „ Proceedings tailed statement, as provided for in NEPA, Executive Order 11514, and CEQ Guidelines, on:

(1) The environmental, impact of a proposed action;

(2) Any adverse environmental effects which cannot be avoided should the pro­ posal be implemented;

(3) Alternatives to the proposed action;

(4) The relationship between local short-term uses, of man’s environment and enhancement of long-term produc­ tivity; and (5) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

* ■ * * * * - 5. Section 1.82 is revised to read as follows:

§1.82 - Declaration of policy. 3. Section 1.61 is revised to take into account the Commission’s expanded in­ junctive authority granted under the Trans-Alaska Pipeline Authorization Act, Pub. L. 93-153 section 408(f). "Section 1.61 is revised to read as fol­ lows:

§ 1.61 Injunctions.

In those cases where the Commission has reason to believe that it would be to the interest of the public, the Commis­ sion will apply to the courts for injunc­ tive relief, pursuant to the authority granted in section 13 of the Federal Trade Commission Act.

Subpart !— Procedures for Implementation of the National Environmental Policy Act of 1969 Sections 1.81-1.86 are revisions (1) ,to accord with the National Council on En­ vironmental Quality’s revised Guidelines on “Preparation of Environmental Im­ pact Statements”, (2) to integrate pro­ visions relating to rules and guides and those relating to legislative matters, and (3) to expand § § 1.83-1.84 into three sec­ tions, each ot deal with a discrete seg­ ment of the Environmental Act chro­ nology and duties. A proposed revision of §§ 1.81-1.86 was published December 6, 1973, 38 FR 33618. The differences in the proposed rules and.the rules adopted ap­ pear in § 1.82(cjLwith^esubsthuti<mof “emergency^"action makes * * *7r"Tor (a) No Commission rule or guide which is a major action significantly affecting the environment will be pro­ mulgated unless an environmental im­ pact statement has been prepared for consideration in the decisionmaking, and (b) No Commission legislative pro­ posal or Commission legislative report on a proposal in an area in which the Com­ mission has primary responsibility, con­ cerning a matter significantly affecting the environment, will be submitted to Congress without an accompanying en­ vironmental impact statement, except that (c) An environmental impact state­ ment will not be prepared when the Commission finds that emergency action iè necessary. In such instance, the Com­ mission will consult with CEQ and de­ velop a statement promptly after the action, in accordance with CEQ Guide­ lines, 40 CFR 1500.11(e). (d) Nothing in this procedure shall be construed as stating or implying that section 102(2) (C) of NEPA applies to: any investigation made by the Commis­ sion for law enforcement purposes; any process or order issued by the Commis­ sion in connection with any type of in­ vestigation; any agreement of voluntary compliance or consent decree entered into by the Commission; or any adjudi­ catory proceedings commenced by the Commission.

peditfeus. action is injfoe_public interest.,r^vxn^" and in § 1.84(c) withthesubsïîtution and (d) are “emergency action makes * * * ” fbr “emergencies make * * 4.

Section 1.81 (a) and (b) are revised to read as follows:

§ 1.81 Authority and definition. (a) This subpart is issued pursuant to section 102(2) (C) of the National En­ vironmental Policy Act of 1969, Pub. L. 91-190 (NEPA), as implemented by Ex­ ecutive Order 11514 and by “Preparation of Environmental Impact Statements: Guidelines,” issued by the Council on En­ vironmental Quality (CEQ), 40 CFR 1500.1, et seq. (1973) (CEQ Guidelines). (b) As used in this subpart, “environ­ mental impact statement” means a de­ added to read as follows: § 1.83 Draft environmental impact state­ ments: availability and comment. (a) Staff proposals recommending the initiation of a rule or guide proceeding, as well as staff evaluations of legislative proposals and legislative reports in an area in which the Commission has pri­ mary responsibility, shall include an assessment of the anticipated environ­ mental impact, based on CEQ Guidelines, 40 CFR 1500.6 (a), (b).

(b) Upon the determination of the Commission that a matter subject to paragraph (a) of this section is a major action having a significant effect on the quality of the human environment, it FEDERAL REGISTER, VOL. 40, NO. 66— FRIDAY, APRIL 4, 1975

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15234 RULES AND REGULATIONS shall prepare a draft environmental im­ pact statement. In legislative matters, a copy of the draft environmental impact statement, together with the legislative proposal, shall be submitted to the Office of Management and Budget (OMB), in accordance with applicable provisions of OMB Circular No. A-19. In rule or guide proceedings, and in legislative matters not subject to OMB Circular No. A-19, the draft environmental impact state­ ment shall be (1) Transmitted to CEQ for listing in the weekly F ederal R eg ister notice of draft environmental impact statements; (2) In rule or guide proceedings, placed in the public record to which it pertains; in legislative matters, placed in a public record to be established, con­ taining the legislation or legislative re­ port to which it pertains; these will be available to the public through the Office of the Assistant Secretary for Legal and Public Records, Federal Trade Commis­ sion, Washington,- D.C. 20580; (3) Published in full with the appro­ priate proposed rule, guide, legislation, or legislative report in the F ederal R eg­ is t e r ;

(4) Forwarded to the Environmental Protection Agency’s Office of Federal Activities (EPA) and to the National Technical Information Service of the Department of Commerce, Springfield, Virginia 22151 (NTIS) ;

(5) Circulated to appropriate Federal, State, and local agencies with jurisdic­ tion by law or special expertise, by means, where appropriate, of Office of Manage­ ment and Budget (OMB) Clearinghouse Mechanism No. A-95 (revised) ; (6) Circulated to appropriate private organizations and individuals; (7) In the case of legislation, trans­ mitted to Congress together with the pro­ posed legislation or report to which it pertains.

(c) Forty-five (45) days will be al­ lowed for comment on the draft environ­ mental impact statement, calculated from the date of inclusion in CEQ’s weekly Federal Register list of draft en­ vironmental impact statements. Com­ ments on draft environmental impact statements may be in any reasonable form, addressed to the Office of the Sec­ retary, Federal Trade Commission, Washington, D.C. 20580, with copies to CEQ as it shall direct. Upon request by a commenting party, the Commission may in its discretion grant an extension of up to fifteen (15) days, or such longer period as the complexity of the issues may warrant.

(d) A public list will be maintained in the Office of the Secretary of all draft and all final environmental impact statements, and will be forwarded quar­ terly to CEQ.

7.

Sections 1.84 (a) and (b) are re­ vised and new paragraph (c) is added to read as follows: n .

§ 1.84 Final environmental impact state­ ments.

(a) After the close of the comment period, the Commission will consider the comments received on the draft environ­ mental impact statement and will put the draft environmental impact state­ ment into final form, attaching the com­ ments received (or summaries if re­ sponse was exceptionally voluminous). (b) Upon Commission approval of the final environmental impact statement and the matter for which it was pre­ pared, the final environmental impact statement will be (1) Forwarded to all parties which commented on the draft environmental impact- statement and to other inter­ ested parties, if practicable; (2) Placed in the public record of the rule or guide proceeding or legislative matter to which it pertains; (3) Forwarded to EPA, NTIS, and CEQ;

(4) Distributed in any other way which the Commission, in consultation with CEQ, deems appropriate; (5 ) Published in the F ederal R eg ister, together with the final rule or guide, or legislative proposal or report; (6) In legislative matters, transmit­ ted to Congress.

(c) In rule and guide proceedings, thirty (30) days will be allowed for com­ ment on the final environmental impact statement, calculated from the date of inclusion in CEQ’s weekly F ederal R eg­ is t e r list of final environmental impact statements. In no event will a final rule or guide be promulgated prior to ninety (90) days after notice of the draft en­ vironmental impact statement, except where emergency action makes such time periods impossible.

8.

Section 1.85 is revised to read as follows:

§ 1.85 Implementing procedures. (a) The General Counsel is designated the official responsible for the Commis­ sion’s environmental impact statements and for otherwise coordinating the Com­ mission’s efforts to improve environ­ mental quality. He will provide assist­ ance to the staff in determining when an environmental impact statement is needed and in its preparation, and after review he will refer environmental im­ pact statements to the Commission with recommendations.

(b) The Commission will determine finally whether anfiction complies with NEPA.

(c) The Directors of the Bureaus of Consumer Protection and Competition will establish procedures for their bu­ reaus to assure that every proposed rule and guide is reviewed to assess the need for an environmental impact statement and that, where need exists, an environ­ mental impact statement is developed. (d) The General Counsel will establish procedures to assure that every legisla­ tive proposal and legislative report on a matter for which the Commission has primary responsibility is reviewed to as­ sess the need for an environmental im­ pact statement and that, where need exists, an environmental Impact state­ ment is developed.

9.

Section 1.86 is added to read as follows:

§ 1.86 Effect on prior actions. With respect to proceedings already in progress, the Commission recognizes that it will not be possible to comply fully with the procedures here outlined and, in particular, that it will not be possible in every ^instance to include within the record all of the material re­ lating to the environmental impact of the contemplated action which might otherwise be developed. Nonetheless, it is the policy of the Commission to apply these procedures to the fullest extent possible to proceedings which are al­ ready in progress.

PART 3— RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Subpart C— Prehearing Procedures; Mo­ tions; Interlocutory Appeals; Summary Decisions Section 3.21 is amended to .expand public access to prehearing conferences and clarify the provisipn relating to stenographic reporting. / 10. Section 3.21(c) is revised to read as f ollows :

§ 3.21 Prehearing conferences.

* * * * * (c) Public access and reporting. Prehearing conferences shall be public un­ less the Administrative Law Judge deter­ mines in his discretion that the confer­ ence (or any part thereof) shall be closed to the public. The Administrative Law Judge shall have discretion to determine whether a prehearing conference shall be stenographically reported. Subpart G— Reports of Compliance 11. Section 3.61(f) is revised to pro*vide for confidential treatment in ap­ propriate circumstances of information contained in formal written objections or comments on applications for approval of proposed divestitures, acquisitions or similar transactions subject to Commis­ sion review under outstanding orders. Section 3.61(f) is revised to read as follows :

§ 3 .6 1 Reports of compliance.

* * * * * (f) All applications for approval of proposed divestitures, acquisitions, or similar transactions subject to Commis­ sion review under outstanding orders, to­ gether with supporting materials, will be placed on the public record as soon after they are received as circumstances per­ mit, except for information for which confidential classification has been re­ quested, with a showing of justification therefor, and which the Commission, with due regard to statutory restrictions, its rules, and the public interest, has determined should not be made public. Within thirty (30) days after such re­ quests and materials are placed on the public record, any person may file formal written objections or comments with the Secretary of the Commission. Such ob- FEDERAL REGISTER, VOL. 40, NO. 66— FRIDAY, APRIL 4, 1975

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RULES AND REGULATIONS 15235 jections or comments shall be placed on the public record exeept for information for which confidentiality has been re­ quested, with a showing of justification therefor, and which the Commission with due regard to statutory restrictions, its rules, and the public interest, has deter­ mined should not be made public. Addi­ tionally, any communications, written or oral, concerning such proposed transac­ tions, received by any individual member of the Commission, or by any employee involved in the decisional process, will be placed on the public record immediately after their receipt. In the case of an oral communication, the member or employee shall immediately furnish the Commis­ sion with a memorandum setting forth the full contents of such communication and the circumstances thereof, and such memorandum will immediately be placed on the public record. All responses to ap­ plications for approval of proposed di­ vestitures, acquisitions, or similar trans­ actions subject to Commission review un­ der outstanding orders, together with a statement of supporting reasons, will be published when made.

PART 4— MISCELLANEOUS RULES 12. Section 4.1(b)(4) is revised to eliminate the requirement for filing affi­ davits in a case in which a former Com­ mission member or employee is pro­ hibited under § 4.1(b) from appearing or participating in a Commission proceeding or investigation, and his partner(s) or associate(s) desire to appear or partici­ pate therein without utilizing his serv­ ices. The amendment also dispenses with the need for special assurances that the disqualified former employee will not share in the revenues from such rep­ resentation.

Section 4.1(b) (4) is revised to read as follows :

§ 4.1- Appearances.

* * * * * (b) * * (4) In any case in which a former member or employee of the Commission is prohibited under this section from appearing or participating in a Com­ mission proceeding or investigation, his services shall not be utilized in any re­ spect in such matter nor shall the matter be discussed with him in any manner by any partner or legal or business associate. * * - * * * 13. Section 4.2(a) is revised to make clear that documents addressed to the Administrative Law Judge are to be filed with the Secretary; paragraph (c) is revised to reduce the number of docu­ ments required to be filed, and paragraph (d) (1) is revised to require specific iden­ tifying information on motions or other papers filed in adjudicative proceedings. Section 4.2 (a), (c), and (d)(1) are revised to read as follows: § 4.2 Requirements as to form and filing of documents other than correspond­ ence.

(a) Filing. Except as otherwise pro­ vided, all documents submitted to the Commission including those addressed to the Administrative Law Judge shall be filed with the Secretary of the Commis­ sion: provided, however, that in any in­ stance informal applications or requests may be submitted directly to the official in charge of any office of the Commis­ sion or to the Director, Deputy Director, or Assistant Director of the appropriate bureau or office or to the Administrative Law Judge.

* * * * * (c) Covies. Twenty* (20) copies of a notice of intention to appeal and of all briefs before the Commission shall be filed; ten (10) copies of all other docu­ ments shall be filed, with the exception of notices of appearances and reports of compliance, as to which only two (2) copies of each need be filed. As to admis­ sions and answers thereto, only one copy need be filed.

(d) Form. (1) Documents filed with the Secretary of the Commission, other than briefs in support of appeals from initial decisions, shall be printed, type­ written, or otherwise processed in per­ manent form and on good unglazed paper. A motion or other paper filed in an adjudicative proceeding shall con­ tain a caption setting forth the title of the case, the docket number, and a brief descriptive title indicating the purpose of the paper.

* * * * * (Sec. 6, 38 Stat. 721 <15 U.S.C. 48), 80 Stat. 383, as amended, 81 Stat. 54 (5 U.S.C. 552) ) By direction of the Commission dated March 11, 1975.

[seal] V irginia M. H arding, Acting Secretary.

[PR Doc.75-8488 Filed 4-2-75;8:45 am]