Trade Regulation Rulemaking Authority

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Title 16— Commercial Practices CHAPTER I— FEDERAL TRADE COMMISSION PROCEDURES AND RULES OF PRACTICE Trade Regulation Rulemaking Authority The Commission announces the fol­ lowing rules, which are effective Au­ gust 13, 1975, to implement further its trade regulation rulemaking authority pursuant to Public Law 93-637. Sections 1.11 and 1.13, which were promulgated on April, 4, 1975 (40 FR 15232) are amended by these rules. Sections 1.12 through 1.20, which were proposed by the Commission on April 4, 1975 (40 FR 15237-15239) are promulgated with cer­ tain changes. Sections 3.2, 3.13(a), 3.21 (a) (5) and 4.9(b) (5) are amended to correct cross-references to new and re­ numbered rules.

PART I—GENERAL PROCEDURES 1. Subpart B (§ 1.11 through § 1.20) is revised to read as follows: Subpart B— Rules and Rulemaking Under Section 18(a)(1)(B) of the FTÇ Act As Amended by Public Law 93-637 § 9.2 Definitions.

* * * * * (b) The term “manufacturer” .means any person engaged in the manufac­ turing or assembling of new appliances or equipment in the United States, or in the importing of such products for sale or resale, or any person whose brand or trademark appears on such products who owns such Brand or trade­ mark and has authorized its use on such products, if the brand or trademark of the person actually manufacturing or assembling the products does not ap­ pear on the products.

* * * * * 2.

By revising the first sentence of § 9.3 to read as follows: § 9 .3 Appliances and equipment included in program.

The appliances and equipment in­ cluded in this program are room and central air conditioners, household re­ frigerators, home freezers, clothes wash­ ers, dishwashers, clothes dryers, kitchen ranges and ovens, water heaters, comfort heating equipment, and television re­ ceivers.

• * * * * Effective Date—These amendments shall become effective September 12, 1975.

(Sec. 2, 81 Stat. 1449, as amended, see. 1, 64 Stat. 871; 15 U.S.O. 272, Reorganization Plan No. 8 ot 1946, Part VI; Message From the President o f the United States Concerning Sec.

1.11 Initial notice.

1.12 Final notice.

1.13 Rulemaking proceeding. 1.14 Promulgation.

1.17 Compensation for representation in rulemaking proceedings.

1.18 Public availability of rulemaking reaord.

1.19 Modification of a rule by the Commis­ sion at the time of judicial review. 1.20 Expeditious procedure.

Authority : (Sec. 6, 38 Stat. 721 (15 U.S.C. 46); sec. 1 8 (a )(1 )(B ), 88 Stat. 2193 (15 U.S.C. 57a); sec. 552, 80 Stat. 378 (5 U.S.C. 552) ) Subpart B— Rules and Rulemaking Under Section 18(a)(1)(B) of the FTC Act As Amended by Public Law 93-637 § 1.11 Initial notice.

A trade regulation rule proceeding shall commence with an initial notice of proposed rulemaking. Such notice shall be published in the F ederal R egister and, to the extent practicable, otherwise made available to interested persons. The initial notice shall include: (a) the terms >r substance of the proposed rule or a lescription of the subjects and issues nvolved; (b) reference to the legal auhority under which the rule is proposed; [c) a statement describing with particuarity the reason for the rule; (d) an invitation to all interested persons to propose issues which meet the criteria or 51.13(d) (1) (i) for consideration in ac­ cordance with §5 1.13(d) (5) and <d) (6); md (e) an invitation to all interested persons to comment on the proposed rule. FEDERAL REGISTER, VOL. 40, NO. 157— WEDNESDAY, AUGUST 13, 1975

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RULES AND REGULATIONS 33967 § 1.12 Final notice.

A final notice of proposed rulemaking shall be published in the F ederal R egis­ ter, and to the extent practicable, other­ wise made available to interested per­ sons. The final notice shall include: (a) designated issues, unless there are none, which are to be considered in accord­ ance with §§ 1.13(d) .(5) and (d) (6) ; (b) the time and place of an informal hear­ ing; (c) instructions to interested per­ sons seeking to make oral presentations; (d) a requirement that interested per­ sons who desire to avail themselves of the procedures of §§ 1.13(d) (5) and (d) (6) with respect to any issue designated in (a) above must identify their interests with respect to those issues in süch man­ ner as may be established by the presid­ ing officer; and (e) an incorporation by reference of the contents of the initial notice.

§ 1.13 Rulemaking proceeding.

(a) Written comments. After com­ mencement of a trade regulation rule proceeding, the Commission shall accept written submissions of data, views, and arguments on all issues of fact, law, and policy. Written comments other than under subsection (b) of this section shall be accepted until forty-five (45) days before commencement of the informal hearing.

(b) Comments proposing issues sub­ ject to the procedures of §§ 1.13 (d)(5) and (d) (6). Written comments which propose issues for consideration in ac­ cordance with §§ 1.13 (d) (5) and (d) (6) shall be accepted for a period of sixty (60) days after publication of the initial notice, or such other period as the Com­ mission may establish in the initial notice.

(c) Presiding officer.

Upon com-, mencement of a proposed trade regula­ tion rule proceeding, a presiding officer shall be appointed by the Special Assist­ ant Director for Rulemaking, Bureau of Consumer Protection or, when the Com­ mission or one or more of its members serves as presiding officer, by the Com­ mission.

(1) Powers of the presiding officer. The presiding officer shall be responsible for the orderly conduct of the rulemaking proceeding. He shall have all powers nec­ essary to that end including the follow­ ing: (i) to publish a final notice in ac­ cordance with § 1.12 or issue any other public notice that may be necessary for the orderly conduct of the rulemaking proceeding; (ii) to designate or modify, issues for consideration in accordance with §§ 1.13 id) (5) and (d) (6); (iii) to set the time and place of the informal hearing and to change any time periods prescribed in this subpart; (iv) to pre­ scribe rules or issue rulings to avoid un­ necessary costs or delay. Such rules or rulings may include, but are not limited to. the imposition of reasonable time limits on each person’s oral presentation; and requirements that any examination; including cross-examination, which a Person may be entitled to conduct or h,^Ye conducted be conducted by the pre­ siding officer on behalf of that person in such a manner as the presiding officer determines to be appropriate and to be required for a full and true disclosure with respect to any issue designated for consideration in accordance with § § 1.13 Cd) (5) and (d) (6); (v) to make rules and rulings limiting the representation of interested persons for the purpose of examination, including cross-examina­ tion, and governing the manner in which such examination is limited, including tiie selection of a representative from among a group of persons with the same or similar interests; (vi) to compel the attendance of persons or the production of documents or to obtain responses to written questions; (vii) to require that oral presentations at the informal hear­ ing or responses to written questions be under oath, (viii) to require that oral presentations at the informal hearing be submitted in writing in advance of pres­ entation; and (ix) to certify questions to the Commission for its determination. (2) Review of rulings by the presiding officer.— (i) Review after certification by the presiding officer.—-Except as other­ wise provided in subsection (ii), applica­ tions for review of a ruling will not be entertained by the Commission prior to its review of the record pursuant to § 1.14, unless the presiding officer certi­ fies in writing to the Commission that a ruling involves a controlling question of law or policy as to which there is sub­ stantial ground for difference of opinion and that an immediate review of the ruling may materially advance the ulti­ mate termination of the proceeding or subsequent review will be an inadequate remedy. Within five (5) days after a ruling by the presiding officer, any in­ terested person may petition to presiding officer for certification of that ruling to the Commission. Certification of a ruling shall not stay the rulemaking proceeding unless the presiding officer or the Com­ mission shall so order. Within five (5) days after the presiding officer’s certifica­ tion of a question to the Commission for its determination any interested person may file an application for review, not to exceed fifteen (15) pages. Submissions by other interested persons, not to exceed fifteen (15) pages may be made within ten (10) days Of the presiding officer’s certification. All such filings shall be a part of the rulemaking record. The Com­ mission may thereupon, in its discretion, permit the appeal. Commission review, if permitted, will be based on the appli­ cation fer review and any additional sub­ missions, without oral argument or fur­ ther briefs, unless otherwise ordered by the Commission.

(ii) Review without certification by the presiding officer.—Within ten (10) days after publication of the final notice, any interested person may petiiton the Com­ mission for addition, modification or de­ letion of a designated issue, accompanied by a filing not to exceed fifteen (15) pages. Additional submissions on the issue by other interested persons, not to exceed fifteen (15) pages may be made within twenty (20) days of the publication of the final notice. The Com­ mission may thereupon, in its discretion, permit the appeal. ¡Commission review, if permitted, will be based on the peti­ tion and any additional submissions, without oral argument or further briefs, unless otherwise ordered by the Com­ mission. A petition hereunder shall not stay the rulemaking proceeding unless the presiding officer or the Commission shall so order. All petitions filed under this subsection shaii be a part of the rulemaking record. Notice of the filing of any such petition may be obtained from the Office of the Secretary of the Commission. In the event any ’desig­ nated issue is added or substantially modified by the Commission, interested persons shall be given a further oppor­ tunity to identify their interests with respect to those issues.

(d) Informal hearings. An informal hearing with the opportunity for oral presentations onN all issues shall be con­ ducted by the presiding officer. In addi­ tion, if an issue is designated pursuant to these rules for consideration hi ac­ cordance with §§ 1.13(d) (5) and (6), the informal hearing on such issues shall be conducted in accordance with those subsections. For all other issues the pre­ siding officer may in his discretion em­ ploy, in whole or in part, the procedures of those subsections.' (1) Nature of issues for consideration in accordance with §§ 1.13 (d) (5) and (d)(6)— (i) Issues that must be con­ sidered in accordance with §§ 1.13(d) (5) and (d)(6).

The only issues that must be designated for consideration in accordance with subsections (d) (5) and (d) (6) of this section are disputed issues of fact, that are determined by the Com­ mission or the presiding Officer to be material and necessary to resolve. (ii) Issues that may be considered in accordance with §§ 1.13 (d) (5) and (d) (6). The Commission and the presiding officer retain the power to designate any other issues for consideration in accord­ ance with subsections (d) (5) and Cd) (6) of this section.

(2) . Addition or Modification of issues for consideration in accordance with §§ 1.31 (d) (5) and (d) (6). The presiding officer may at any time on his own motion or pursuant to a written petition by interested persons, add or modify any issues designated pursuant to § 1.12(a). No such petition shall be considered un­ less good cause is shown why any such proposed issue was not proposed pur­ suant to § 1.13(b).

(3) Identification of interests. Not later than twenty (20) days after pub­ lication of the final notice each inter­ ested person who desires to avail himself of the procedures of subsections (d)<5) and (d) (6) of this section shall notify the presiding officer in writing of his particular interest with respect to each issue designated for consideration in ac­ cordance with those subsections. In the event that new issues are designated, each interested person shall promptly notify the presiding officer of his partic­ ular interest with respect to each such issue.

(4) Examination and cross-examina­ tion by the presiding officer. The presld- FEDERAL REGISTER, VOL. 40, NO. 157— WEDNESDAY, AUGUST 13, 1975

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33968 RULES AND REGULATIONS ing officer may conduct any examination, including cross-examination, to which a person may be entitled. For that purpose he may require submission of written requests for presentation of questions to any person making oral presentations and shall determine whether to ask such questions or any other questions. All re­ quests for presentation of questions shall be placed in the rulemaking record. (5) Examination, cross-examination, and the presentation of rebuttal submis­ sions by interested persons— (i) In gen­ eral. The presiding officer shall conduct or allow to be conducted examination, including cross-examination of oral presentations and the presentation of re­ buttal submissions relevant to the issues designated for consideration in accord­ ance with subsections (d) (5) and (d) (6) of this section. Examination, including, eross-exami’nation, and the presentation •f rebuttal submissions, shall be allowed to the extent to which it is appropriate and is required for a full and true dis­ closure with respect to those issues. Requests for an opportunity to ex­ amine, including cross-examine, or to present rebuttal submissions, shall be accompanied by a specific justification therefor. In determining whether or not to grant such requests, the presence of the following circumstances indicate that such requests should be granted: (A) An issue for examination includ­ ing cross-examination, or the presenta­ tion of rebuttal submissions, is an issue of specific, in contrast to legislative fact. (B) A full and true disclosure with respect to the issue can only be achieved through examination including crossexamination rather than through rebut­ tal submissions or the presentation of additional oral submissions. „ (C) Circumstantial guarantees of the trustworthiness of a presentation do not exist.

(D) The particular presentation is re­ quired for the resolution of a designated issue.

(ii) Selection of representatives for cross-examination. After consideration ©f the information supplied in response to the final notice, the presiding officer shall identify groups of persons with the same or similar interests in the proceed­ ing. Such groups may be required to se­ lect a single representative for the pur­ pose of examination, including crossexamination. If a group is unable to select a representative then the presiding officer may select a representative of each such group.

(iii) Inability to select representative for examination, including cross-exami­ nation. No person shall be denied the opportunity to conduct or have con­ ducted, examination, including crossexamination, under subsection (d) (5) (i) of this section if he is a member of a group as described in subsection (d) (5) (ii) of this section and is unable to agree upon group representation with other group members after a good faith effort to do so and seeks to present substan­ tial and relevant issues which will not be adequately presented by the group representative. In that event he shall be allowed to conduct or have conducted any examination, including cross-exam­ ination, to which he is entitled on issues designated for consideration in accord­ ance with subsections (d) (5) and (d) (6) of this section and which affect his par­ ticular interest.

' (6) Requests to compel the attend­ ance of persons or the production of doc­ uments or to obtain responses to written questions. During the course of the rule* making proceeding the presiding officer shall entertain requests from interested persons to compel the attendance of per­ sons or the production of documents or to obtain responses to written questions on behalf of the Commissions’ staff or any interested person. The presiding of­ ficer may require the payment of a fee to any person to whom such requests are directed in accordance with § 4.5 of this Chapter. Requests to compel the attendance of persons or the production of documents or to obtain responses to written questions shall contain a state­ ment showing the general relevancy of the material, information or presenta­ tion, and the reasonableness of the scope of the request, together with a showing that such material, information or pres­ entation is not available by voluntary methods and cannot be obtained through examination, including cross-examina­ tion, of oral presentations or the pres­ entation of rebuttal submissions, and is appropriate and required for a full and true disclosure with respect-to the issues designated for consideration in accord­ ance with subsections (d) (5) and (d) (6) of this section. The Commission may, on its own motion, review a determina­ tion of the presiding officer under this subsection which requires the produc­ tion of confidential Commission records or the appearance of an official or em­ ployee of the Commission or another government agency.

(e) Written transcript. A verbatim transcript shall be made of the informal hearing which transcript shall be placed in the rulemaking record. (f) Summary and findings. After the close of the informal hearing, the presid­ ing officer shall prepare a summary of the record, both written and oral, re­ lating to the issues designated for con­ sideration in accordance with subsec­ tions (d) (5) and (d) (6) of this section and make initial factual findings and conclusions as to these issues and other findings and conclusions as he sees fit. (g) Staff recommendations. The staff shall make recommendations to the Commission in a report based on thé rulemaking record and taking into ac­ count the presiding „officer's findings of fact. Such report shall contain its anal­ ysis of the record and its recommenda­ tions as to the form of the final rule. (h) Post record comment. The findings and conclusions of the presiding officer as well as the staff report shall be the subject of public comment for a period of sixty (60) days after the staff recom­ mendations are placed in the rulemak­ ing record. Such comments shall be con­ fined to information already in the rec­ ord arid may include requests for review by the Commission of determinations made by the presiding officer. § 1.14 Promulgation, (a) The Commission shall review the rulemaking record including the sum­ mary, findings, and conclusions of the presiding officer as to the issues desig­ nated for consideration in accordance with §§ 1.13 (d) (5) and (d) (6), the ver­ batim transcript of the informal hear­ ing, the report and recommendations of the staff and any public comments thereon, to determine what form of rule, if any, it should promulgate. The Com­ mission may issue, modify, or decline to issue any rule. Where it believes that it should have further information or ad­ ditional views of interested persons as to the form and content of the rule, it may withhold final action pending the re­ ceipt of such additional information or views. If it determines to issue a rule, it shall adopt a Statement of Basis and Purpose to accompany the rule. If it de­ termines not t© issue a rule, it may adopt and publish an explanation for not doing so. The Statement of Basis and Purpose to accompany a rule promulgated under this subpart shall include (1) a state­ ment as to the prevalence of the acts or practices treated by the rule, (2) a statement as to the manner and con­ text in which such acts or practices are unfair or deceptive, and (3) a statement as to the economic effect of the rule, taking into account the effect on small businesses and consumers. (b) In the event the Commission de­ termines, upon its review of the rulemaking record, to propose a revised rule for further proceedings in accordance with this subpart, such proceedings, in­ cluding the opportunity of interested per­ sons to avail themselves of the proce­ dures of §§ 1.13 (d) (5) and (d) (6), shall be limited to those portions of the re­ vised rule, the subjects and issues of which were not substantially the subject o f comment in response to a previous notice of proposed rulemaking. (c) The final rule and Statement of Basis and Purpose shall be publishéd in the F ederal R egister not less than thirty (30) days prior to the effective date of the rule except where the Commission for good cause found and published with the rule sets an earlier effective date. § 1.17 Compehsation for representation in rulemaking proceedings. (a) Purpose of compensation. The Commission may provide compensation for reasonable attorneys fees, expert wit­ ness fees and other costs of participation, including costs necessary for the prepa­ ration of oral or written presentations, to any person who has or represents an interest which would not otherwise be adequately represented in a rulemaking proceeding, and representation of which is necessary for a fair determination of the rulemaking proceeding taken as a whole, and who is unable effectively to participate in such proceeding because such person cannot afford to pay costs of making oral presentations, conducting cross-examination, and making rebuttal submissions in such proceeding. FEDERAL REGISTER, VOL. 40, NO. 157—-WEDNESDAY, AUGUST 13, 1975

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(b) Level of funding. At or after the time of the initial notice of proposed rulemaking, the Commission may an­ nounce a tentative total level of funding for compensation for participation in that proceeding.

(c) Applications. An application for compensation for participation in a rulemaking proceeding may be filed at any time after the publication of the initial notice of proposed rulemaking. An appli­ cation for compensation shall be filed prior to the time when the costs for which compensation is sought are incurred. Such application shall contain the fol­ lowing:

(1) A description of the interest the applicant has or represents in the rulemaking proceeding;

(2) A statement of the reasons repre­ sentation of such interest is necessary for a fair determination of the proceeding taken as a whole;

(3) Insofar as possible, the reasons why such interest would not otherwise be adequately represented in the pro­ ceeding;

(4) A statement of the reasons the applicant is unable effectively to partici­ pate in the rulemaking proceeding with­ out financial assistance including infor­ mation relating to:

(i) The economic stake of the interest involved as compared with the costs of participation;

(ii) The feasibility of contributions to the costs of participation by individual representatives of the interest; (iii) The resources of the applicant, or of the interest represented by the applicant;

(5) Insofar as possible, a specific state­ ment of the expenses to be incurred for which compensation is sought, including an estimate of the total anticipated ex­ penses; and (6) A statement of the applicant’s or­ ganizational and financial status in such form as the Commission may-prescribe. (d) Determination of applications— (1) By the presiding officer. The presid­ ing officer shall consider applications for compensation filed under this section and forward initial findings to the Director of the Bureau of Consumer Pro­ tection as to whether the applicant meets the criteria of paragraph (a) of this sec­ tion. In determining whether the repre­ sentation of an interest is necessary for a fair determination of the proceeding taken as a whole, the presiding officer shall consider, among other factors, the number and complexity of the issues in­ volved and the importance of a fair, bal­ anced representation of all interests. In determining whether an applicant can afford to pay the costs of participation, the presiding officer shall consider, among other factors, the size of the eco­ nomic stake of the interest involved as compared with the costs of participation; the resources of the applicant; and the feasibility of obtaining contributions from other parties who share the appli­ cant’s interest. In connection with his determination the presiding officer may conduct such inquiry of the applicant or RULES AND REGULATIONS require the production of such docu­ ments as he deems necessary. (2) By the Director of the Bureau of Consumer Protection. The Director of the Bureau of Consumer Protection shall re­ view applications and the initial findings of the presiding officer and determine, in his discretion, to what extent compensa­ tion shall be authorized under this sec­ tion.

(e) Payment of compensation— (1) In general. The Commission will com­ pensate the applicant only for those au­ thorized expenses actually incurred. Ap­ propriate proof of actual expenditures may be required by the Commission. The Commission may make any payments under this section in advance where necessary to permit effective participa­ tion in the rulemaking proceeding. Pay­ ment will be conditioned upon the ex­ ecution by the applicant of an appropri­ ate agreement setting forth the terms and conditions of the compensation. (2) Attorneys' fees; expert witness fees. Attorneys’ fees at a rate in excess of $50 per hour will be considered pre­ sumptively unreasonable and compensa­ tion will not be provided for such èxcess in the absence of special justification. Ex­ perts and consultants will be compens­ ated at a rate not to exceed the highest rate at which experts and consultants to the Commission are compensated. § 1 .1 8 Public availability of rulemaking record.

(a) Rulemaking record. For the pur­ poses of these rules the term “rulemak­ ing record’’ includes the rule, its State­ ment of Basis and Purpose, the verbatim transcript of the informal hearing, writ­ ten submissions, the summary and find­ ings of the presiding officer and the staff recommendations as well as any public comment thereon, and' any other in­ formation which the Commission con­ siders relevant to the rule. (b) Public availability of written sub­ missions. Written submissions comment­ ing on the proposed rule as well as the verbatim transcript of the informal hear­ ing, shall be made publicly available ex­ cept when the presiding officer, for good cause shown, determines that it is in the public interest to allow any such submis­ sions to be received in camera subject to the provisions of § 4.11 of this Chapter. § 1.19 Modification o f a rule by the Commission at the time o f judicial. review.

In the event that a reviewing court de­ termines under section 18(e) (2) of the Federal Trade Commission Act, as amended by Public Law 93-637, to allow further submissions and presentations on the rule, the Commission may modify or set aside its rule or make a new rule by reason of the additional submissions and presentations. Such modified or new rule shall then be filed with the court together with an appropriate Statement of Basis and Purpose and the return of such submissions and presentations. § 1.20 Expeditious procedure.

Any or all of the procedures established in this subpart may be dispensed with by 33969 the Commission, to the extent that they are not otherwise required by law, when it finds, for good cause, that such proce­ dures are impractical, unnecessary, or contrary to the public interest. In that case the Commission shall publish with the rule or amendment a brief statement of its reasons for dispensing with any such procedures.

PART 3— RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS 2.

Sections 3.2, 3.13, ànd 3.21(a) (5) are revised to read as follows: § 3.2 Nature o f adjudicative proceedings. Adjudicative proceedings are those for­ mal proceedings conducted under one or more of the statutes administered by the Commission which are required by stat­ ute to be determined on the record after opportunity for an agency hearing. The term includes hearings upon objections to orders relating to the promulgation, amendment, or repeal of rules under sec­ tions 4, 5 and 6 of the Fair Packaging and Labeling Act. It does not include other proceedings such as negotiations for the entry of consent orders; investi­ gational hearings as distinguished from proceedings after the issuance of a com­ plaint; hearings for the purpose of in­ quiring into the manner and extent of compliance with outstanding orders; proceedings for the promulgation of in­ dustry guides or trade regulation rules; proceedings for fixing quantity limits under section 2(a) of the Clayton Act; investigations under section 5 of the Ex­ port Trade Act; rulemaking proceedings under the Fair Packaging and Labelling Act up to the time when the Commis­ sion determines under § 1.26(g) of this chapter that objections sufficient to war­ rant the holding of a public hearing have been filed; or the promulgation of sub­ stantive rules and regulations, determi­ nations of classes of products exempted from statutory requirements, the estab­ lishment of name guides, or inspections and industry counseling, under sections 4(d), and 6(a) of the Wool Products Labeling Act of 1939, sections 7,8(b), and 8(c) of the Fur Products Labeling Act, and sections 7(c), 7(d), and 12(b) of the Textile Fiber Products Identification Act. § 3.13 Adjudicative hearing on issues arising in rulemaking proceedings under the Fair Packaging and Label­ ing Act.

(a) Notice of hearing. When the Com­ mission, acting under § 1.26(g) of this chapter, determines that objections which have been filed are sufficient to warrant the holding of an adjudicative hearing in rulemaking proceedings un­ der the Fair Packaging and Labeling Act, or when thé Commission otherwise determines that the holding of such a hearing would be in the public interest, a hearing will be held before an Admin­ istrative Law Judge for the purpose of receiving evidence relevant and material to the issues raised by such objections or other issues specified by the Commission. In such case the Commission will pub- FEDERAL REGISTER, VOL. 40, NO. 157— WEDNESDAY, AUGUST 13, 1975

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33970 RULES AND REGULATIONS llsh a notice in the F ederal R egister containing a statement of: (1) The provisions o f the rule or order to which objections have been filed; (2) The issues raised by the objections or the issues on which the Commission wishes to receive evidence; (3) The time and place for hearing, the time to be at least thirty (30) days after publication of the notice; and (4) The time within which, and the conditions under which, any person who petitioned for issuance, amendment, or repeal of the rule or order, or any per­ son who filed objections sufficient to war­ rant the holding of the hearing, or any other interested person, may file notice of intention to participate in the pro­ ceeding.

§ 3.21 Prehearing conferences.

-♦ * * * * (a) * * * (5) Matters of which official notice will be taken and matters which may be' re­ solved by reliance upon trade regulation and other rules pursuant to §§ 1.8, 1.22 <c) of this chapter; and * * * * * PART 4— MISCELLANEOUS RULES 3.

Section 4.9(b) (5) is revised to read as follows:

§ 4.9 Public records.

* * * * * Xbi Ï '• * (5) Petitions filed with the Secretary of the Commission for the promulgation or issuance, amendment, or repeal of in­ dustry guides and of rules or regulations within the scope of §§ 1.7 and 1.21 of this chapter, including petitions for exemp­ tions, or for any other Commission action disclosure of which would not be incon­ sistent with the general policy estab­ lished by § 2.2(d) of this chapter; * * * * * (Sec. 6, 38 Stat. 721 (IS U.S.C. 46); sec. 1 8 (a )(1 )(B ), 88 Stat. 2193 (15 tJ.S.C. 57a); sec. 552, 80 Stat. 378 (5 TT.S.C. 552) ) Issued by direction of the Commission dated July 29, 1975.

Charles A. T obin, Secretary.

[PR Doc.75-21208 Piled 8-12-75;8:45 am]