Miscellaneous Rules

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BILLING CODE 4910-13-

FEDERAL TRADE COMMISSION 16 CFR Part 4

Miscellaneous Rules

AGENCY: Federal Trade Commission. ACTION: Final rule.

SUMMARY: The FTC is amending Rule 4.1(c) of its Rules of Practice so that information identifying the subject of a nonpublic investigation would be redacted from clearance materials placed on the public record. The Commission has determined that disclosing such information adds little to public understanding of clearance determinations, and may harm unjustifiably the subject’s reputation and make it less cooperative, thereby impairing the FTC’s ability to conduct its investigations.

EFFECTIVE DATE: July 30, 1993.

FOR FURTHER INFORMATION CONTACT: Elaine W. Crockett, Attorney, Office of the General Counsel, FTC, 6th Street & Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2453. SUPPLEMENTARY INFORMATION: Former FTC members and employees are required to submit clearance requests to participate in certain Commission investigations and proceedings. Commission Rule 4.1(b) (1)&(2), 16 CFR 4.1(b) (1)&(2). These clearance requests and the responses to them are placed on the public record. Commission Rule 4.1(c). The FTC generally redacts nonpublic information from these materials before they are placed on the public record. See Commission Rule 4.10(a). However, the FTC previously determined that it would not redact information in these materials that reveals the identity of the subject of a nonpublic investigation because such

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redactions would “impair the public’s ability to assess and understand these important rulings.” 42 FR 64135 (1977).

In the FTC’s experience, however, disclosing identifying information in clearance materials adds little to public understanding of clearance determinations. In addition, the Commission is unaware of any instance in which a member of the public has used clearance materials on the public record as a basis for furnishing information to the Commission about its clearance actions. Moreover, disclosing such identifying information may harm unjustifiably the subject’s reputation and may make it less cooperative, thereby impairing the FTC’s ability to conduct its investigations, Accordingly, the FTC is amending its current policy to provide for redaction of identifying information before clearance materials are placed on the public record.

Because the amendment relates solely to agency practice, it is not subject to the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. 553(a)(2), or the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601(2).

List of Subjects in 16 CFR Part 4

Administrative practice and procedure, Freedom of Information Act, Sunshine Act, and Privacy Act.

Accordingly, the Federal Trade Commission amends part 4 of title 16, chapter I, subchapter A of the Code of Federal Regulations, as follows:

PART 4—MISCELLANEOUS RULES

1. The authority for part 4 continues to read as follows;

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

2. Section 4.1 is amended by revising paragraph (c) to read as follows:

§4.1 Appearances.

* * * * *

(c) Public disclosure. All applications requesting authorization to appear or participate in a proceeding or investigation, and the Commission’s esponses thereto, are part of the public records of the Commission, except for information exempt from disclosure

nder § 4.10(a) of this chapter, Information identifying the subject of a nonpublic Commission investigation

ill be redacted from all applications end responses before they are placed on he public record.

* * * *

By direction of the Commission. Donald S. Clark, Secretary. :

[FR Doc. 93-18210 Filed 7-29-93; 8:45 am]