Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15157 

1Administrative Litigation Following the Denial 

of a Preliminary Injunction: Policy Statement, 60 FR 

39741 (Aug. 3, 1995). 

2For this reason, the requirements of the 

Regulatory Flexibility Act are also inapplicable. 5 

U.S.C. 601(2), 604(a). Likewise, the amendments do 

not modify any FTC collections of information 

within the meaning of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. 

3See Rules of Practice, 77 FR 59294 (2012). 

4 77 FR 59300. 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

(7) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(8) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on February 

25, 2015. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–05731 Filed 3–20–15; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Parts 2, 3, and 4 

Revisions to Rules of Practice 

AGENCY: Federal Trade Commission. 

ACTION: Final rules. 

SUMMARY: The Commission is revising 

certain of its rules of practice to promote 

fairness, flexibility and efficiency in its 

investigations, studies, and adjudicative 

proceedings. These rule revisions 

include a revision to the rule governing 

the status of cases in administrative 

adjudication following a district court’s 

denial of preliminary injunctive relief in 

an ancillary proceeding. Other changes 

include revisions to the list of 

Commission officials who have 

authority to modify the terms and 

timeframe for compliance with 

compulsory process, and a change to the 

deadline for the Commission to dispose 

of petitions to limit or quash 

compulsory process. In addition, the 

Commission is updating its procedures 

for accessing public records and list of 

exempt Privacy Act systems. 

DATES: These rule revisions are effective 

on March 23, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Josephine Liu, Attorney, (202) 326– 

2170, Office of the General Counsel, 

Federal Trade Commission, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. For information about the 

revisions to 16 CFR part 4, contact G. 

Richard Gold, Attorney, (202) 326–3355, 

Office of the General Counsel, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The 

Federal Trade Commission is revising 

certain rules in parts 2 and 3 of its rules 

of practice that govern investigations 

and adjudicative proceedings, and is 

revising other rules in part 4 of its rules 

of practice. 

The Commission is amending Rules 

2.7 and 2.10 to provide the Office of 

Policy Planning (‘‘OPP’’) Director and 

Deputy Directors with the authority to 

modify the terms of compliance with 

compulsory process, alter the meet-andconfer prerequisite, and extend the 

deadline for filing a petition to limit or 

quash compulsory process. This change 

reflects OPP’s role in frequently 

conducting and leading studies under 

section 6(b) of the FTC Act. The 

Commission is also revising Rule 2.10(c) 

to impose a 40-day deadline for 

disposing of petitions to limit or quash 

compulsory process. 

In part 3 of its Rules, the Commission 

is amending Rule 3.26 to make clear that 

administrative litigation will be 

suspended if respondents file a 

qualifying motion for withdrawal or 

dismissal after a district court denies 

preliminary injunctive relief in an 

ancillary proceeding brought under 

section 13(b) of the FTC Act. As 

discussed below, the Commission will 

continue to follow the 1995 Policy 

Statement Regarding Administrative 

Merger Litigation Following the Denial 

of a Preliminary Injunction 1 and 

consider the specific circumstances of 

each case when deciding whether to 

pursue administrative litigation. In 

addition, the Commission is revising the 

Part 3 rules to correct typographical 

errors, ensure consistency between 

sections, clarify paragraph headings, 

and make other technical changes. 

In part 4 of its Rules, the Commission 

is revising the procedures and contact 

information for accessing public records 

in Rule 4.9, making a technical 

correction to Rule 4.11, and updating 

the names of exempt Privacy Act 

systems in Rule 4.13. 

Because these rule revisions relate 

solely to agency procedure and practice, 

publication for notice and comment is 

not required under the Administrative 

Procedure Act. 5 U.S.C. 553(b).2 These 

rule revisions are effective on March 23, 

2015. 

I. Revisions to Rules of Practice for 

Nonadjudicative Investigations (Part 2) 

In 2012, the Commission undertook 

an extensive revision of its rules 

governing the conduct of its 

investigations.3 The Commission is now 

revising certain of those rules to 

promote fairness, flexibility, and 

efficiency in FTC investigations, which 

includes studies conducted under 

section 6(b) of the FTC Act. 

Rules 2.7(l) and 2.10(a)(5): Officials 

With Authority To Modify Compulsory 

Process and Extend the Deadline for 

Petitions To Quash 

The Commission is revising Rules 

2.7(l) and 2.10(a)(5) to reflect the fact 

that the FTC’s Office of Policy Planning 

frequently conducts and leads section 

6(b) studies. The Commission is 

amending Rule 2.7(l) to include the 

Office of Policy Planning Director and 

Deputy Directors among the identified 

Commission officials authorized to 

modify the terms of compliance with 

orders to file special reports under 

section 6(b) of the FTC Act and other 

forms of compulsory process. 

Commission rules provide that the 

officials designated in Rule 2.7(l) also 

have the power to modify the manner 

and form of production of electronically 

stored information (in Rule 2.7(j)), and 

alter the meet-and-confer prerequisite 

for filing a petition to limit or quash 

compulsory process (in Rule 2.7(k)). 

Consistent with these amendments, the 

Commission is also revising Rule 

2.10(a)(5) to state that the Office of 

Policy Planning Director and Deputy 

Directors are authorized to extend the 

deadline for filing a petition to limit or 

quash. The revised rules will better 

reflect Commission practice and provide 

further flexibility and efficiency for 6(b) 

studies and other investigations. 

Rule 2.10(c): Disposition of Petitions To 

Limit or Quash Compulsory Process 

The Commission revised Rule 2.10 in 

2012 to eliminate the two-step 

procedure for rulings on petitions to 

limit or quash compulsory process by 

requiring the full Commission to rule on 

the petition in the first instance. The 

rule also imposed a 30-day deadline for 

disposition of the petition. The 

Commission received no comments 

regarding this provision, and adopted it 

as proposed, noting that if the 

Commission did not meet the deadline, 

the petition would not be automatically 

granted or denied.4 To enable sufficient 

time for full Commission review of the 

merits of the petition, the Commission 

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15158 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 

5Although Rule 3.26 applies to any type of 

administrative litigation where the Commission has 

sought a preliminary injunction, the Commission 

typically seeks such relief during a challenge to an 

unconsummated merger, acquisition, joint venture 

or similar transaction. 

6Statement of Federal Trade Commission Policy 

Regarding Administrative Merger Litigation 

Following the Denial of a Preliminary Injunction, 

supra note 1, at 39743. The Commission indicated 

in 1995 that the principles of the Policy Statement 

would apply also in the context of consumer 

protection litigation and non-merger competition 

litigation. 

7Administrative Litigation Following the Denial 

of a Preliminary Injunction, 60 FR 39640 (Aug. 3, 

1995). 

8Rules of Practice, 74 FR 1804, 1811–12 (Jan. 13, 

2009). 

9See Order Withdrawing Matter from 

Adjudication Pursuant to Rule 3.26(c) of the 

Commission Rules of Practice, In re Lab. Corp. of 

Am., Docket No. 9345, https://www.ftc.gov/sites/

default/files/documents/cases/2011/03/110324lab

corpcommorder.pdf (Mar. 23, 2011). In Phoebe 

Putney, the other merger matter since the 2009 rule 

change in which the Commission lost a motion for 

preliminary injunction, the respondents did not 

invoke Rule 3.26. Rather, the Commission granted 

an unopposed motion to stay the Part 3 proceedings 

after the Eleventh Circuit granted an injunction 

pending appeal; and the Commission subsequently 

lifted its stay after prevailing in the Supreme Court. 

See Order Granting Respondents’ Unopposed 

Motion to Stay Proceeding, In re Phoebe Putney 

Health Sys., Inc., Docket No. 9348, 

https://www.ftc.gov/system/files/documents/cases/

130222ccnoa_0.pdf (July 15, 2011); Order Granting 

Complaint Counsel’s Motion to Lift Stay, In re 

Phoebe Putney Health Sys., Inc., Docket No. 9348, 

https://www.ftc.gov/sites/default/files/documents/ 

cases/2013/03/130314phoebeordermotion.pdf (Mar. 

14, 2013). 

10See Statement of Commissioners Leibowitz, 

Kovacic, and Ramirez, In re Lab. Corp. of Am., 

Docket No. 9345, http://www.ftc.gov/system/files/

documents/public_statements/568671/110422

labcorpcommstmt.pdf (Apr. 21, 2011); Concurring 

Statement of Commissioner Brill, In re Lab. Corp. 

of Am., Docket No. 9345, http://www.ftc.gov/

system/files/documents/public_statements/568681/

110422labcorpstmtbrill.pdf (Apr. 21, 2011). 

11As the Commission noted in 1995, the 

procedural requirements might not be satisfied if 

the Rule 3.26 motion is filed untimely, or if there 

is a question as to whether a particular court order 

constitutes a denial of preliminary injunctive relief. 

60 FR 39640 n.3. Rule 3.26 is intended for 

situations where the court refuses to grant the 

Commission any form of preliminary relief. If, for 

example, the court denies the Commission’s request 

for a preliminary injunction halting a proposed 

merger but nonetheless imposes a ‘‘hold separate’’ 

order, Rule 3.26 would not be available. 

is revising Rule 2.10(c) to impose a 40- 

day deadline. The extra 10 days for 

Commission review do not pose a 

substantial hardship to recipients of 

compulsory process because Rule 

2.10(b) continues to provide that the 

timely filing of a petition to limit or 

quash stays the remaining amount of 

time permitted for compliance. 

II. Revisions to Rules of Practice for 

Adjudicative Proceedings (Part 3) 

Rule 3.26 

Rule 3.26 sets out two procedures that 

facilitate Commission consideration of 

whether to pursue administrative 

merger litigation following judicial 

denial of preliminary injunctive relief in 

an ancillary proceeding brought under 

section 13(b) of the Federal Trade 

Commission Act, 15 U.S.C. 53(b).5 As 

explained further below, the rule allows 

respondents to file a motion to 

withdraw the administrative case from 

adjudication or a motion to dismiss the 

administrative complaint. Such motions 

can only be filed within a certain time 

after the district court has denied the 

preliminary injunction or after the court 

of appeals has denied the Commission’s 

motion for relief pending appeal. 

In revising Rule 3.26, the Commission 

is also making clear it will continue to 

consider the specific circumstances of 

each case when deciding whether to 

proceed with administrative litigation, 

as outlined in a 1995 Policy Statement 6

issued in conjunction with the original 

version of the rule.7 As discussed 

below, the revisions ensure that, if 

respondents file either type of motion in 

accordance with the rule, the 

administrative litigation will be 

suspended unless and until the 

Commission rules that maintenance of 

the litigation would serve the public 

interest. These revisions follow the 

approach of the original version of the 

rule. 

Rule 3.26, as first issued in 1995, 

provided that a motion for withdrawal 

would generally result in an automatic 

withdrawal and that a motion for 

dismissal would result in an automatic 

stay. The procedure for a withdrawal 

enabled ex parte communications 

(otherwise prohibited by Rule 4.7) while 

the matter was withdrawn from Part 3 

administrative adjudication. During this 

period, complaint counsel and 

respondents (and third parties) could 

communicate informally with 

Commissioners to discuss the matter 

without the constraints of the 

adjudicative rules. In addition, because 

such communications would not be on 

the record of the administrative 

proceeding, counsel could discuss the 

case without concern that their 

statements might compromise their 

litigation position if the case were 

returned to adjudication. 

The alternative procedure in the 1995 

Rule provided for an automatic stay of 

the adjudication if a respondent filed a 

motion to dismiss the administrative 

complaint and to brief the matter on the 

public record. The ex parte restrictions 

remained in place. 

Because of the long delays that often 

resulted from the filing of motions 

under the 1995 Rule, the Commission 

revised the rule in 2009.8 The 2009 rule 

continued to allow respondents to file 

either type of motion but no longer 

provided that such a motion would 

result in an automatic withdrawal or an 

automatic stay. Although it was revising 

the 1995 rule, the Commission 

indicated, however, that it would 

continue to adhere to the case-by-case 

approach articulated in the 1995 Policy 

Statement in determining whether to 

continue with administrative litigation 

challenging a merger after a district 

court had denied preliminary injunctive 

relief. In addition, the Commission 

authorized motions under Rule 3.26 to 

be filed at an earlier time following the 

district court’s denial of preliminary 

injunctive relief and required the 

Commission to dispose of such motions 

within 30 days. 

Since 2009, the Commission has 

continued to be guided by the 1995 

Policy Statement when determining 

whether to proceed with administrative 

litigation. For example, in Laboratory 

Corporation of America, the district 

court denied the Commission’s request 

for preliminary injunctive relief, the 

respondents then moved to withdraw 

the matter from administrative 

adjudication, and the Commission 

granted the respondents’ motion for 

withdrawal six days after it was filed.9

Less than a month later, after carefully 

considering the factors outlined in the 

Policy Statement, the Commission voted 

unanimously to end the administrative 

litigation.10 The Policy Statement will 

continue to guide the Commission in 

the future. 

The Commission has now decided to 

return to the automatic mechanisms in 

the 1995 rule. The new rule now 

provides for an automatic withdrawal or 

automatic stay, depending on the type 

of motion filed. Because the 

Commission is retaining the deadlines 

in the 2009 rule for the filing of motions 

and specifying deadlines for 

Commission determinations of the 

motions, an automatic withdrawal or 

stay is not likely to disrupt the 

resolution of the matter. 

First, respondents may move to have 

the administrative case withdrawn from 

adjudication. The Commission is 

retaining the provision in the 2009 rule 

that motions for withdrawal can be filed 

jointly or separately, so long as all of the 

respondents agree to seek withdrawal. 

The administrative case will 

automatically be withdrawn two days 

after the motion is filed, unless 

complaint counsel files an objection 

asserting that the procedural 

requirements have not been satisfied,11

in which case the Commission will 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15159 

12See 79 FR 15680, 15685 (Mar. 21, 2014). The 

Commission is also amending Rule 4.11(a)(1)(i)(A) 

to make a minor grammatical change. 

decide whether to withdraw the case 

from adjudication. 

Second, any respondent may file a 

motion for dismissal that will be briefed 

on the public record. The administrative 

case will automatically be stayed until 

7 days after the Commission rules on 

the motion for dismissal, and all 

deadlines established by the rules will 

be tolled for the amount of time the 

proceeding is stayed. 

As noted above, the Commission is 

retaining the 2009 rule’s timing 

requirements for such motions but 

simplifying the wording in Rule 3.26(b). 

If the Commission does not file a motion 

with the court of appeals for relief 

pending appeal within 7 days following 

the district court’s denial of a 

preliminary injunction, the Rule 3.26 

motion must be filed within 14 days 

after the denial of the preliminary 

injunction. If the Commission files a 

motion with the court of appeals for 

relief pending appeal, the Rule 3.26 

motion must be filed within 14 days 

after, but no earlier than, denial by the 

court of appeals of the Commission’s 

motion for relief pending appeal. 

In addition, in order to expedite these 

proceedings, the Commission is 

specifying deadlines for deciding 

motions under Rule 3.26. If respondents 

file a motion for withdrawal under Rule 

3.26(c) and complaint counsel files an 

objection, the Commission must rule on 

the motion within 10 days of the 

objection. If respondents file a motion 

for dismissal under Rule 3.26(d), the 

Commission is retaining the 

requirement of the current rule that the 

Commission decide such motions 

within 30 days. 

The Commission is retaining current 

Rule 3.26(e), which sets out the 

requirements for memoranda filed in 

support of or in opposition to these 

motions, and retaining with minor 

changes Rule 3.26(f), which sets out the 

requirements for filings that contain in 

camera materials. 

Finally, the Commission is making 

one other, minor modification to the 

rule: the timeframe for complaint 

counsel to respond to motions for 

dismissal has been shortened from 14 

days to 7 days. 

Technical Changes to Other Part 3 Rules 

The Commission is making a number 

of non-substantive changes to the part 3 

rules to correct typographical errors, 

ensure consistency in the terminology 

and the requirements in different 

sections of the rules, clarify paragraph 

headings, and delete or restore material 

that was inadvertently retained or 

deleted when the Commission last 

amended the rules in 2011. 

Rule 3.22(a) is being amended to 

clarify that Rule 3.22(a) does not govern 

the presentation and timing 

requirements for motions under Rule 

3.26. Similarly, Rule 3.22(b) is being 

revised to reflect the fact that, under the 

Commission’s rules, the filing of certain 

motions automatically stays the 

proceedings. In particular, motions 

under Rule 3.26(d) as revised by this 

notice and some motions under existing 

Rule 3.25(c) will result in automatic 

stays. For the same reasons, the 

Commission is amending Rule 3.41(f) by 

adding a cross-reference to Rule 3.26, to 

make clear that Rule 3.41(f) does not 

govern in situations where Rule 3.26 

applies. 

Rule 3.23(b) is being amended to 

clarify that a party opposing 

interlocutory review may file an answer 

to both (1) the initial request for 

determination that is filed with the ALJ, 

and (2) the subsequent application for 

review that is filed with the 

Commission. Existing Rule 3.23(b) 

could create confusion about whether 

the first type of answer is permitted, 

because the rule does not expressly 

authorize answers to initial requests but 

nonetheless mentions the deadline for 

filing such answers. 

The general discovery provisions 

were previously amended in 2009 to 

prohibit filing discovery materials with 

the Secretary, except in certain 

circumstances. See 16 CFR 3.31(h). To 

ensure consistency with the 2009 

amendment, the Commission is now (1) 

eliminating the requirement in Rule 

3.32(a) and (b) that requests for 

admissions and responses thereto be 

filed with the Secretary, and (2) revising 

the paragraph heading for Rule 

3.33(c)(2) and clarifying the text of that 

paragraph. The Commission is also 

eliminating redundant text for two 

numbers mentioned in Rule 3.32(a) and 

(b), as well as correcting a typographical 

error in the last sentence of Rule 3.32(b). 

To maintain consistency in how the 

terms ‘‘prehearing’’ and ‘‘subpoenas’’ 

are used throughout the part 3 rules, the 

Commission is revising Rules 3.35(b)(2) 

and 3.42(c)(2). 

The Commission is revising Rule 

3.45(e) to reflect the fact that the parties 

who submit documents containing in 

camera or confidential information 

must comply with all of the 

Commission’s rules governing the filing 

and service of documents—including 

those located in 16 CFR part 4—not just 

with the Commission’s part 3 rules. In 

addition, Rule 3.45(f) is being revised to 

delete two sentences that were 

inadvertently not deleted when the 

Commission amended the rule in 2011. 

Similarly, Rule 3.52(a)(2) is being 

revised to restore a clause that was 

inadvertently deleted after the 2011 

amendments. 

In Rule 3.46(c)(4), an erroneous 

reference to the public or nonpublic 

status of each ‘‘exhibit’’ in the witness 

index is being replaced with ‘‘witness 

testimony.’’ 

III. Revisions to Miscellaneous Rules 

(Part 4) 

Rule 4.9: The Public Record 

The Commission’s public record 

regulation, 16 CFR 4.9, sets out 

procedures and contact information for 

accessing public record materials. The 

Commission is amending Rule 4.9(a)(1), 

(2), (3), (4), and 10(viii), 16 CFR 

4.9(a)(1), (2), (3), (4), and (10)(viii), to 

reflect updates to these procedures and 

contact information. The revised rule 

states that these materials are available 

either electronically at the FTC’s Web 

site, www.ftc.gov, or for older materials 

not on the Web site, through telephonic 

requests with the FTC’s Reading Room 

at (202) 326–2222, extension 2. 

Under the prior policy, the FTC’s 

Consumer Response Center (CRC) 

maintained an in-person physical 

reading room at the Headquarters 

building, where members of the public 

could inspect records and file public 

record requests. Once requests were 

received, the CRC worked with the 

Commission’s Records and Filings 

Office, which researched public record 

requests, retrieved documents from 

storage, and provided them to CRC staff 

and authorized contractors to distribute 

to the requestors to review and make 

copies in the physical reading room. 

The CRC no longer maintains a 

physical reading room. To obtain a copy 

of any public records not available on 

the agency’s Web site, members of the 

public can call the Reading Room, 

which is now staffed by the FTC’s 

Library. 

Rule 4.11: Disclosure Requests 

The Commission is amending Rule 

4.11(a)(1)(i)(F) to conform with recent 

changes made to Rule 4.8(d)(3), which 

granted Freedom of Information Act 

requesters twenty calendar days to 

respond to Commission notification 

when there was no fee agreement for 

processing a request and the estimated 

costs exceed $25.12

Rule 4.13: Privacy Act Rules 

The Commission is making technical 

corrections and updates to its Privacy 

Act rules at 16 CFR 4.13(m). Paragraph 

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15160 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 

13The current SORNs for all 40 FTC Privacy Act 

systems of records are posted on the FTC public 

Web site, at http://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems. 

14These systems are II–3—Worker’s 

Compensation—FTC, II–4—Employment 

Application-Related Records—FTC, and II–6— 

Discrimination Complaint System—FTC. 

(m) sets out systems of records that are 

exempt from certain Privacy Act 

provisions. The exempt systems 

contain: 

(1) Investigatory materials maintained 

by an agency component in connection 

with any activity relating to criminal 

law enforcement, exempt under 

subsection (j)(2) of the Privacy Act (see 

paragraph (m)(1) of the rules); 

(2) investigatory materials compiled 

for law enforcement purposes, exempt 

under subsection (k)(2) of the Privacy 

Act (see paragraph (m)(2) of the rules); 

or 

(3) investigatory materials compiled 

to determine suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information, but only where disclosure 

would reveal the identity of a 

confidential source of information, 

exempt under subsection (k)(5) of the 

Privacy Act (see paragraph (m)(3) of the 

rules). 

These Privacy Act systems are 

exempted from certain Privacy Act 

restrictions and procedural 

requirements (e.g., access by the subject 

individual) due to the investigatory 

nature of the records contained in those 

systems. As permitted by the Privacy 

Act, these exemptions help ensure that 

the Commission may efficiently and 

effectively perform investigations and 

other authorized duties and activities. In 

this case, the Commission is updating 

the names and numbering of the exempt 

Privacy Act systems to conform them to 

the current system names in the system 

of records notices (SORNs) previously 

published for these exempt systems by 

the FTC.13 The revised rule also lists 

certain FTC personnel-related Privacy 

Act systems that are exempt under 

Government-wide SORNs published by 

the Office of Personnel Management and 

Department of Labor but were 

inadvertently omitted from the list of 

exempt systems in the FTC’s Privacy 

Act rule.14 These amendments to the 

agency’s Privacy Act rules are purely 

technical and are not intended to 

expand or modify the substantive 

coverage or applicability of the Privacy 

Act exemptions to the FTC’s Privacy Act 

systems or the records they contain. 

List of Subjects 

16 CFR Parts 2 and 3 

Administrative practice and 

procedure. 

16 CFR Part 4 

Administrative practice and 

procedure, Freedom of information, 

Public record. 

For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends title 16, chapter I, 

subchapter A of the Code of Federal 

Regulations as follows: 

PART 2—NONADJUDICATIVE 

PROCEDURES 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 2. Amend § 2.7 by revising paragraph 

(l) to read as follows: 

§ 2.7 Compulsory process in 

investigations. 

* * * * * 

(l) Delegations. The Directors of the 

Bureaus of Competition, Consumer 

Protection, and Economics and the 

Office of Policy Planning, their Deputy 

Directors, the Assistant Directors of the 

Bureaus of Competition and Economics, 

the Associate Directors of the Bureau of 

Consumer Protection, the Regional 

Directors, and the Assistant Regional 

Directors are all authorized to modify 

and, in writing, approve the terms of 

compliance with all compulsory 

process, including subpoenas, CIDs, 

reporting programs, orders requiring 

reports, answers to questions, and 

orders requiring access. If a recipient of 

compulsory process has demonstrated 

satisfactory progress toward 

compliance, a Commission official 

identified in this paragraph may, at his 

or her discretion, extend the time for 

compliance with Commission 

compulsory process. The subpoena 

power conferred by section 329 of the 

Energy Policy and Conservation Act (42 

U.S.C. 6299) and section 5 of the WebbPomerene (Export Trade) Act (15 U.S.C. 

65) are specifically included within this 

delegation of authority. 

■ 3. Amend § 2.10 by revising 

paragraphs (a)(5) and (c) to read as 

follows: 

§ 2.10 Petitions to limit or quash 

Commission compulsory process. 

(a) * * * 

(5) Extensions of time. The Directors 

of the Bureaus of Competition, 

Consumer Protection, and Economics 

and the Office of Policy Planning, their 

Deputy Directors, the Assistant 

Directors of the Bureaus of Competition 

and Economics, the Associate Directors 

of the Bureau of Consumer Protection, 

the Regional Directors, and the Assistant 

Regional Directors are delegated, 

without power of redelegation, the 

authority to rule upon requests for 

extensions of time within which to file 

petitions to limit or quash Commission 

compulsory process. 

* * * * * 

(c) Disposition and review. The 

Commission will issue an order ruling 

on a petition to limit or quash within 40 

days after the petition is filed with the 

Secretary. The order may be served on 

the petitioner via email, facsimile, or 

any other method reasonably calculated 

to provide notice to the petitioner of the 

order. 

* * * * * 

PART 3—RULES OF PRACTICE FOR 

ADJUDICATIVE PROCEEDINGS 

■ 4. The authority citation for part 3 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 5. Amend § 3.22 by revising the first 

three sentences of paragraph (a) and 

paragraph (b) to read as follows: 

§ 3.22 Motions. 

(a) Presentation and disposition. 

Motions filed under § 4.17 of this 

chapter shall be directly referred to and 

ruled on by the Commission. Motions to 

dismiss filed before the evidentiary 

hearing (other than motions to dismiss 

under § 3.26(d)), motions to strike, and 

motions for summary decision shall be 

directly referred to the Commission and 

shall be ruled on by the Commission 

unless the Commission in its discretion 

refers the motion to the Administrative 

Law Judge. Except as otherwise 

provided by an applicable rule, motions 

not referred to the Administrative Law 

Judge shall be ruled on by the 

Commission within 45 days of the filing 

of the last-filed answer or reply to the 

motion, if any, unless the Commission 

determines there is good cause to extend 

the deadline. * * * 

(b) Proceedings not stayed. A motion 

under consideration by the Commission 

shall not stay proceedings before the 

Administrative Law Judge unless the 

Commission so orders or unless 

otherwise provided by an applicable 

rule. 

* * * * * 

■ 6. Amend § 3.23 by revising paragraph 

(b) to read as follows: 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15161 

§ 3.23 Interlocutory appeals. 

* * * * * 

(b) Other interlocutory appeals. A 

party may request the Administrative 

Law Judge to determine that a ruling 

involves a controlling question of law or 

policy as to which there is substantial 

ground for difference of opinion and 

that an immediate appeal from the 

ruling may materially advance the 

ultimate termination of the litigation or 

subsequent review will be an 

inadequate remedy. An answer may be 

filed within 3 days after the request for 

determination is filed. The 

Administrative Law Judge shall issue a 

ruling on the request for determination 

within 3 days of the deadline for filing 

an answer. The party may file an 

application for review with the 

Commission within 1 day after notice 

that the Administrative Law Judge has 

issued the requested determination or 1 

day after the deadline has passed for the 

Administrative Law Judge to issue a 

ruling on the request for determination 

and the Administrative Law Judge has 

not issued his or her ruling. An answer 

may be filed within 3 days after the 

application for review is filed. 

* * * * * 

■ 7. Revise § 3.26 to read as follows: 

§ 3.26 Motions following denial of 

preliminary injunctive relief. 

(a) This section sets forth two 

procedures by which respondents may 

obtain consideration of whether 

continuation of an adjudicative 

proceeding is in the public interest after 

a court has denied preliminary 

injunctive relief in a separate 

proceeding brought under section 13(b) 

of the Federal Trade Commission Act, 

15 U.S.C. 53(b), in aid of the 

adjudicative proceeding. 

(b) A motion under this section shall 

be addressed to the Commission and 

must be filed within 14 days after, but 

no earlier than: 

(1) A district court has denied the 

Commission’s request for a preliminary 

injunction, if the Commission has not 

filed a motion for relief pending appeal 

with the court of appeals within 7 days 

following the district court’s denial of a 

preliminary injunction; or 

(2) A court of appeals has denied a 

Commission motion for relief pending 

appeal. 

(c) Withdrawal from adjudication. 

Following denial of court relief as 

specified in paragraph (b) of this 

section, respondents may move that the 

adjudicative proceeding be withdrawn 

from adjudication in order to consider 

whether the public interest warrants 

further litigation. Although all 

respondents must consent to the filing 

of such a motion, a motion under this 

paragraph (c) may be filed jointly or 

separately by each of the respondents in 

the adjudicative proceeding. At the time 

respondents file a motion under this 

paragraph (c), respondents must also 

electronically transmit a copy to 

complaint counsel. The Secretary shall 

issue an order withdrawing the matter 

from adjudication 2 days after such a 

motion is filed, except that, if complaint 

counsel file an objection asserting that 

the conditions of paragraph (b) of this 

section have not been met, the 

Commission shall decide the motion 

within 10 days after the objection is 

filed. 

(d) Consideration on the record of a 

motion to dismiss. (1) In lieu of a 

motion to withdraw the adjudicative 

proceeding from adjudication under 

paragraph (c) of this section, any 

respondent may file a motion under this 

paragraph to dismiss the administrative 

complaint on the basis that the public 

interest does not warrant further 

litigation after a court has denied 

preliminary injunctive relief to the 

Commission. 

(2) Stay. The filing of a motion under 

this paragraph (d) shall stay the 

proceeding until 7 days following the 

disposition of the motion by the 

Commission, and all deadlines 

established by these rules shall be tolled 

for the amount of time the proceeding 

is so stayed. 

(3) Answer. Complaint counsel may 

file a response within 7 days after such 

motion is filed. 

(4) Ruling by Commission. Within 30 

days after the deadline for filing a 

response, the Commission shall rule on 

any motion under this paragraph (d). 

(e) Form. Memoranda in support of or 

in opposition to motions authorized by 

this section shall not exceed 10,000 

words. This word count limitation 

includes headings, footnotes, and 

quotations, but does not include the 

cover, table of contents, table of 

citations or authorities, glossaries, 

statements with respect to oral 

argument, any addendums containing 

statutes, rules or regulations, any 

certificates of counsel, proposed form of 

order, and any attachment required by 

§ 3.45(e). 

(f) In camera materials. If any filing 

includes materials that are subject to 

confidentiality protections pursuant to 

an order entered in either the 

proceeding under section 13(b) or the 

adjudicative proceeding, such materials 

shall be treated as in camera materials 

for purposes of this paragraph and the 

party shall file 2 versions of the 

document in accordance with the 

procedures set forth in § 3.45(e). The 

time within which complaint counsel 

may file an objection or response under 

this section will begin to run upon 

service of the in camera version of the 

motion (including any supporting briefs 

and memoranda). 

■ 8. Amend § 3.32 by revising 

paragraphs (a) and (b) to read as follows: 

§ 3.32 Admissions. 

(a) At any time after 30 days after 

issuance of a complaint, or after 

publication of notice of an adjudicative 

hearing in a rulemaking proceeding 

under § 3.13, any party may serve on 

any other party a written request for 

admission of the truth of any matters 

relevant to the pending proceeding set 

forth in the request that relate to 

statements or opinions of fact or of the 

application of law to fact, including the 

genuineness of any documents 

described in the request. Copies of 

documents shall be served with the 

request unless they have been or are 

otherwise furnished or are known to be, 

and in the request are stated as being, 

in the possession of the other party. 

Each matter of which an admission is 

requested shall be separately set forth. 

(b) The matter is admitted unless, 

within 10 days after service of the 

request, or within such shorter or longer 

time as the Administrative Law Judge 

may allow, the party to whom the 

request is directed serves upon the party 

requesting the admission a sworn 

written answer or objection addressed to 

the matter. If objection is made, the 

reasons therefor shall be stated. The 

answer shall specifically deny the 

matter or set forth in detail the reasons 

why the answering party cannot 

truthfully admit or deny the matter. A 

denial shall fairly meet the substance of 

the requested admission, and when 

good faith requires that a party qualify 

its answer or deny only a part of the 

matter of which an admission is 

requested, the party shall specify so 

much of it as is true and qualify or deny 

the remainder. An answering party may 

not give lack of information or 

knowledge as a reason for failure to 

admit or deny unless the party states 

that it has made reasonable inquiry and 

that the information known to or readily 

obtainable by the party is insufficient to 

enable it to admit or deny. A party who 

considers that a matter of which an 

admission has been requested presents 

a genuine issue for trial may not, on that 

ground alone, object to the request; the 

party may deny the matter or set forth 

reasons why the party cannot admit or 

deny it. 

* * * * * 

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15162 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 

■ 9. Amend § 3.33 by revising paragraph 

(c)(2) to read as follows: 

§ 3.33 Depositions. 

* * * * * 

(c) * * * 

(2) Restriction on filings. Except as 

provided in § 3.31(h), notices of 

depositions shall not be filed with the 

Office of the Secretary or with the 

Administrative Law Judge, or otherwise 

provided to the Commission. 

* * * * * 

■ 10. Amend § 3.35 by revising 

paragraph (b)(2) to read as follows: 

§ 3.35 Interrogatories to parties. 

* * * * * 

(b) * * * 

(2) An interrogatory otherwise proper 

is not necessarily objectionable merely 

because an answer to the interrogatory 

involves an opinion or contention that 

relates to fact or the application of law 

to fact, but such an interrogatory need 

not be answered until after designated 

discovery has been completed, but in no 

case later than 3 days before the final 

prehearing conference. 

* * * * * 

■ 11. Amend § 3.41 by revising 

paragraph (f) to read as follows: 

§ 3.41 General hearing rules. 

* * * * * 

(f) Collateral federal court actions. (1) 

The pendency of a collateral federal 

court action that relates to the 

administrative adjudication shall not 

stay the proceeding: 

(i) Unless a court of competent 

jurisdiction, or the Commission for good 

cause, so directs; or 

(ii) Except as provided in § 3.26. 

(2) A stay shall toll any deadlines set 

by the rules. 

■ 12. Amend § 3.42 by revising 

paragraph (c)(2) to read as follows: 

§ 3.42 Presiding officials. 

* * * * * 

(c) * * * 

(2) To issue subpoenas and orders 

requiring answers to questions; 

* * * * * 

■ 13. Amend § 3.45 by revising the first 

two sentences of paragraph (e) and 

paragraph (f) to read as follows: 

§ 3.45 In camera orders. 

* * * * * 

(e) When in camera or confidential 

information is included in briefs and 

other submissions. If a party includes 

specific information that has been 

granted in camera status pursuant to 

paragraph (b) of this section or is subject 

to confidentiality protections pursuant 

to a protective order in any document 

filed in a proceeding under this part, the 

party shall file 2 versions of the 

document. A complete version shall be 

marked ‘‘In Camera’’ or ‘‘Subject to 

Protective Order,’’ as appropriate, on 

every page and shall be filed with the 

Secretary and served by the party on the 

other parties in accordance with the 

Commission’s rules. * * * 

(f) When in camera or confidential 

information is included in rulings or 

recommendations of the Administrative 

Law Judge. If the Administrative Law 

Judge includes in any ruling or 

recommendation information that has 

been granted in camera status pursuant 

to paragraph (b) of this section or is 

subject to confidentiality protections 

pursuant to a protective order, the 

Administrative Law Judge shall file 2 

versions of the ruling or 

recommendation. A complete version 

shall be marked ‘‘In Camera’’ or 

‘‘Subject to Protective Order,’’ as 

appropriate, on every page and shall be 

served upon the parties. The complete 

version will be placed in the in camera 

record of the proceeding. An expurgated 

version, to be filed within 5 days after 

the filing of the complete version, shall 

omit the in camera and confidential 

information that appears in the 

complete version, shall be marked 

‘‘Public Record’’ on every page, shall be 

served upon the parties, and shall be 

included in the public record of the 

proceeding. 

* * * * * 

■ 14. Amend § 3.46 by revising 

paragraph (c)(4) to read as follows: 

§ 3.46 Proposed findings, conclusions, 

and order. 

* * * * * 

(c) * * * 

(4) A statement whether the witness 

testimony has been accorded in camera 

treatment, and a citation to the in 

camera ruling. 

* * * * * 

■ 15. Amend § 3.52 by revising 

paragraph (a)(2) to read as follows: 

§ 3.52 Appeal from initial decision. 

(a) * * * 

(2) If no objections to the initial 

decision are filed, the Commission may 

in its discretion hold oral argument 

within 10 days after the deadline for the 

filing of objection, and will issue its 

final decision pursuant to § 3.54 within 

45 days after oral argument. If no oral 

argument is scheduled, the Commission 

will issue its final decision pursuant to 

§ 3.54 within 45 days after the deadline 

for the filing of objections. 

* * * * * 

PART 4—MISCELLANEOUS RULES 

■ 16. The authority citation for part 4 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 17. Amend § 4.9 by revising 

paragraphs (a)(1), (2), (3), (4) 

introductory text, (4)(i) and (a)(10)(viii) 

to read as follows: 

§ 4.9 The public record. 

(a) General. (1) Materials on the 

public record of the Commission are 

available for public inspection and 

copying either from the Commission’s 

Web site or upon request. 

(2) Materials that are exempt from 

mandatory public disclosure, or are 

otherwise not available from the 

Commission’s public record, may be 

made available only upon request under 

the procedures set forth in § 4.11, or as 

provided in §§ 4.10(d) through (g), 4.13, 

and 4.15(b)(3), or by the Commission. 

(3) Electronic access to public records. 

The majority of recent Commission 

public records are available for review 

electronically on the Commission’s Web 

site on the Internet, www.ftc.gov. Copies 

of records that the Commission is 

required to make available to the public 

electronically, pursuant to 5 U.S.C. 

552(a)(2), may be obtained in that 

format from http://www.ftc.gov/foia/

readingroom.shtm. 

(4) Requesting public records—(i) 

Procedures. Certain older public records 

may not be available at the FTC Web 

site. Any person may request copies of 

such records by contacting the FTC 

Reading Room by telephone at (202) 

326–2222, extension 2. These requests 

shall specify as clearly and accurately as 

reasonably possible the records desired. 

For records that cannot be specified 

with complete clarity and particularity, 

requesters shall provide descriptions 

sufficient to enable qualified 

Commission personnel to locate the 

records sought. The Commission, the 

Supervisor of the Consumer Response 

Center, the General Counsel, or the 

deciding official (as designated by the 

General Counsel) may decide to provide 

only one copy of any public record and 

may refuse to provide copies to the 

requester if the records have been 

published or are publicly available at 

places other than the Commission’s 

offices. 

* * * * * 

(10) * * * 

(viii) The Commission’s annual report 

submitted after the end of each fiscal 

year, summarizing its work during the 

year (with copies obtainable from the 

Superintendent of Documents, U.S. 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15163 

Government Publishing Office, 

Washington, DC 20402) and any other 

annual reports made to Congress on 

activities of the Commission as required 

by law; 

* * * * * 

■ 18. Amend § 4.11 by revising 

paragraphs (a)(1)(i)(A) and (F) to read as 

follows: 

§ 4.11 Disclosure requests. 

(a) Freedom of Information Act—(1) 

Initial requests—(i) Form and contents; 

time of receipt. (A) A request under the 

provisions of the Freedom of 

Information Act, 5 U.S.C. 552, as 

amended, for access to Commission 

records shall be in writing and 

transmitted by one of the following 

means: by mail to the following address: 

Freedom of Information Act Request, 

Office of the General Counsel, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580; by 

facsimile transmission to (202) 326– 

2477; by email message to the FOIA 

email account at foia@ftc.gov; or by the 

form located on the FTC’s FOIA Web 

site, https://www.ftc.gov/ftc/foia.htm. 

* * * * * 

(F) Failure to agree to pay fees. If a 

request does not include an agreement 

to pay fees, and if the requester is 

notified of the estimated costs pursuant 

to § 4.8(d)(3), the request will be 

deemed not to have been received until 

the requester agrees to pay such fees. If 

a requester declines to pay fees within 

20 calendar days and is not granted a fee 

waiver, the request will be denied. 

* * * * * 

■ 19. Amend § 4.13 by revising 

paragraph (m) to read as follows: 

§ 4.13 Privacy Act rules. 

* * * * * 

(m) Specific exemptions. (1) Pursuant 

to 5 U.S.C. 552a(j)(2), investigatory 

materials maintained by an agency 

component in connection with any 

activity relating to criminal law 

enforcement in the following systems of 

records are exempt from all subsections 

of 5 U.S.C. 552a, except (b), (c)(1) and 

(2), (e)(4)(A) through (F), (e)(6), (7), (9), 

(10), and (11), and (i), and from the 

provisions of this section, except as 

otherwise provided in 5 U.S.C. 

552a(j)(2): 

(i) I–7—Office of Inspector General 

Investigative Files—FTC. 

(ii) [Reserved] 

(2) Pursuant to 5 U.S.C. 552a(k)(2), 

investigatory materials compiled for law 

enforcement purposes in the following 

systems of records are exempt from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f) of 5 U.S.C. 552a, and 

from the provisions of this section, 

except as otherwise provided in 5 U.S.C. 

552a(k)(2): 

(i) I–1—Nonpublic Investigational and 

Other Nonpublic Legal Program 

Records—FTC. 

(ii) I–2—Disciplinary Action 

Investigatory Files—FTC. 

(iii) I–4—Clearance Application and 

Response Files—FTC. 

(iv) I–5—Matter Management 

System—FTC. 

(v) I–7—Office of Inspector General 

Investigative Files—FTC. 

(vi) I–8—Stenographic Reporting 

Services Request System—FTC. 

(vii) II–3—Worker’s Compensation— 

FTC. 

(viii) II–6—Discrimination Complaint 

System—FTC. 

(ix) IV–1—Consumer Information 

System—FTC. 

(x) V–1—Freedom of Information Act 

Requests and Appeals—FTC. 

(xi) V–2—Privacy Act Requests and 

Appeals—FTC. 

(xii) VII–6—Document Management 

and Retrieval System—FTC. 

(3) Pursuant to 5 U.S.C. 552a(k)(5), 

investigatory materials compiled to 

determine suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information, but only where disclosure 

would reveal the identity of a 

confidential source of information, in 

the following systems of records are 

exempt from subsections (c)(3), (d), 

(e)(1), (e)(4)(G), (H), and (I), and (f) of 5 

U.S.C. 552a, and from the provisions of 

this section, except as otherwise 

provided in 5 U.S.C. 552a(k)(5): 

(i) II–4—Employment ApplicationRelated Records—FTC. 

(ii) II–11—Personnel Security, 

Identity Management and Access 

Control Records System—FTC. 

By direction of the Commission. 

Janice Podoll Frankle, 

Acting Secretary. 

[FR Doc. 2015–06406 Filed 3–20–15; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 882 

[Docket No. FDA–2015–M–0619] 

Medical Devices; Neurological 

Devices; Classification of the Limited 

Output Transcutaneous Piezoelectric 

Stimulator for Skin Reactions 

Associated With Insect Bites 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order. 

SUMMARY: The Food and Drug 

Administration (FDA) is classifying the 

limited output transcutaneous 

piezoelectric stimulator for skin 

reactions associated with insect bites 

into class II (special controls). The 

special controls that will apply to the 

device are identified in this order and 

will be part of the codified language for 

the limited output transcutaneous 

piezoelectric stimulator for skin 

reactions associated with insect bites’ 

classification. The Agency is classifying 

the device into class II (special controls) 

in order to provide a reasonable 

assurance of safety and effectiveness of 

the device. 

DATES: This order is effective March 23, 

2015. The classification was applicable 

on November 7, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hoffman, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 1434, Silver Spring, 

MD 20993–0002, 301–796–6476, 

michael.hoffman@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with section 513(f)(1) of 

the Federal Food, Drug, and Cosmetic 

Act (the FD&C Act) (21 U.S.C. 

360c(f)(1)), devices that were not in 

commercial distribution before May 28, 

1976 (the date of enactment of the 

Medical Device Amendments of 1976), 

generally referred to as postamendments 

devices, are classified automatically by 

statute into class III without any FDA 

rulemaking process. These devices 

remain in class III and require 

premarket approval, unless and until 

the device is classified or reclassified 

into class I or II, or FDA issues an order 

finding the device to be substantially 

equivalent, in accordance with section 

513(i) of the FD&C Act, to a predicate 

device that does not require premarket 

approval. The Agency determines 

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