Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 /Rules and Regulations 32977

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(g) Questions or technical information

related to Pilatus PC XII SB No. 24–002, Rev.

No. 1, dated September 20, 1996, should be

directed to Pilatus Aircraft Ltd., Customer

Liaison Manager, CH–6370 Stans,

Switzerland; telephone: +41 41 6196 233;

facsimile: +41 41 6103 351. This service

information may be examined at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

(h) The modification, replacement,

insertion, and installation required by this

AD shall be done in accordance with Pilatus

PC XII Service Bulletin No. 24–002, Rev. No.

1, dated September 20, 1996. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Pilatus

Aircraft Ltd., Customer Liaison Manager, CH6370 Stans, Switzerland. Copies may be

inspected at the FAA, Central Region, Office

of the Regional Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW, suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Swiss AD No. HB–96–140, dated March

18, 1996, and Swiss AD No. HB 97-001, dated

January 1, 1997.

(i) This amendment becomes effective on

July 31, 1998.

Issued in Kansas City, Missouri, on June 9,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–16023 Filed 6–16–98; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Parts 2 and 4

Delegation of Authority to Respond To

Requests for Information

AGENCY: Federal Trade Commission

(FTC).

ACTION: Final rules.

SUMMARY: The Commission is revising

its rules to authorize the General

Counsel’s designee to: determine

whether information is confidential or

should be placed on the public record;

respond to requests for nonpublic

information by Federal and State

agencies; determine which portions of

closed meeting transcripts or minutes to

make public; determine which portions

of compliance reports, prior approval

requests and related supplemental

materials, will be treated as confidential

when confidential treatment is

requested at the time of submission; and

respond to requests to use nonpublic

memoranda as writing samples or for

purposes of teaching, lecturing or

writing. The General Counsel will

designate the Deputy General Counsel

or an Assistant General Counsel (or a

senior manager in an equivalent level)

to make these determinations. The

Commission is adopting these changes

in order to improve and expedite the

process for responding to such requests.

The changes will affect internal

procedures only and are not intended to

influence the outcomes of requests

made under the Rules.

The Commission is inserting crossreferences to certain confidentiality

rules to clarify and make consistent its

procedures and is removing language

that is thereby made repetitive or is

otherwise unnecessary.

EFFECTIVE DATE: These amendments are

effective June 17, 1998.

FOR FURTHER INFORMATION CONTACT:

Laura Berger, Attorney, 202–326–2471,

Office of the General Counsel, FTC,

Sixth Street & Pennsylvania Avenue,

NW, Washington, D.C. 20580.

SUPPLEMENTARY INFORMATION: The rule

amendments relate solely to agency

practice and thus are not subject to the

notice and comment requirements of the

Administrative Procedure Act, 5 U.S.C.

553(a)(2), or to the requirements of the

Regulatory Flexibility Act, 5 U.S.C.

601(2). The Paperwork Reduction Act,

44 U.S.C. 3501–3520, does not apply to

these amendments because they do not

involve a request for any person to

report, keep records, or disclose

information, and because the

amendment is purely administrative

and does not affect persons as defined

by the Act. See 5 CFR 1320.3(c), 5 CFR

1320.3(c)(4).

List of Subjects

16 CFR Part 2

Administrative practice and

procedure.

16 CFR Part 4

Administrative practice and

procedure, Sunshine Act.

For the reasons set forth in the

preamble, the Federal Trade

Commission amends Title 16, chapter 1,

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

46.

2. Section 2.33 is revised to read as

follows:

§ 2.33 Compliance procedure.

The Commission may in its discretion

require that a proposed agreement

containing an order to cease and desist

be accompanied by an initial report

signed by the respondent setting forth in

precise detail the manner in which the

respondent will comply with the order

when and if entered. Such report will

not become part of the public record

unless and until the accompanying

agreement and order are accepted by the

Commission. At the time any such

report is submitted a respondent may

request confidentiality for any portion

thereof with a precise showing of

justification therefor as set out in

§ 4.9(c) and the General Counsel or the

General Counsel’s designee will dispose

of such requests in accordance with that

section.

3. Section 2.41(f)(5) is revised to read

as follow:

§ 2.41 Reports of compliance.

* * * * *

(f) * * *

(5) Persons submitting information

that is subject to public record

disclosure under this section may

request confidential treatment for that

information or portions thereof in

accordance with § 4.9(c) and the General

Counsel or the General Counsel’s

designee will dispose of such requests

in accordance with that section. Nothing

in this section requires that

confidentiality requests be resolved

prior to, or contemporaneously with, the

disposition of the application.

PART 4—MISCELLANEOUS RULES

4. The authority citation for part 4

continues to read as follows:

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

46.

5. Section 4.9 is amended by revising

paragraphs (b)(7)(i), (c)(1) and (c)(3) to

read as follows:

§ 4.9 The public record.

* * * * *

(b) * * *

(7) Compliance/Enforcement (16 CFR

2.33, 2.41). (i) Reports of compliance

filed pursuant to the rules in this

chapter or pursuant to a provision in a

Commission order and supplemental
32978 Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 /Rules and Regulations

materials filed in connection with these

reports, except for reports of

compliance, and supplemental materials

filed in connection with Commission

orders requiring divestitures or

establishment of business enterprises of

facilities, which are confidential until

the last divestiture or establishment of

a business enterprise or facility, as

required by a particular order, has been

finally approved by the Commission,

and staff letters to respondents advising

them that their compliance reports do

not warrant any further action. At the

time each such report is submitted the

filing party may request confidential

treatment in accordance with paragraph

(c) of this section and the General

Counsel or the General Counsel’s

designee will pass upon such request in

accordance with that paragraph;

* * * * *

(c) Confidentiality and in camera

material. (1) Persons submitting material

to the Commission described in this

section may designate that material or

portions of it confidential and request

that it be withheld from the public

record. All requests for confidential

treatment shall be supported by a

showing of justification in light of

applicable statutes, rules, orders of the

Commission or its administrative law

judges, orders of the courts, or other

relevant authority. The General Counsel

or the General Counsel’s designee will

act upon such request with due regard

for legal constraints and the public

interest. No such material or portions of

material (including documents

generated by the Commission or its staff

containing or reflecting such material or

portions of material) will be placed on

the public record until the General

Counsel or the General Counsel’s

designee has ruled on the request for

confidential treatment and provided any

prior notice to the submitter required by

law.

* * * * *

(3) To the extent that any material or

portions of material otherwise falling

within paragraph (b) of this section

contain information that is not required

to be made public under § 4.10 of this

part, the General Counsel or the General

Counsel’s designee may determine, with

due regard for legal constraints and the

public interest, to withhold such

materials from the public record.

6. Section 4.11 is amended by revising

paragraphs (c), (d), (f) and (g) to read as

follows:

§ 4.11 Disclosure requests.

* * * * *

(c) Requests from Federal and State

law enforcement agencies. Requests

from law enforcement agencies of the

Federal government for nonpublic

records shall be addressed to the liaison

officer for the requesting agency, or if

there is none, to the General Counsel.

Requests from State agencies for

nonpublic records shall be addressed to

the General Counsel. With respect to

requests under this paragraph, the

General Counsel, the General Counsel’s

designee, or the appropriate liaison

officer is delegated the authority to

dispose of them. Alternatively, the

General Counsel may refer such requests

to the Commission for determination,

except that requests must be referred to

the Commission for determination

where the Bureau having the material

sought and the General Counsel do not

agree on the disposition. Prior to

granting access under this section to any

material submitted to the Commission,

the General Counsel, the General

Counsel’s designee, or the liaison officer

will obtain from the requester a

certification that such information will

be maintained in confidence and will be

used only for official law enforcement

purposes. The certificate will also

describe the nature of the law

enforcement activity and the anticipated

relevance of the information to that

activity. A copy of the certificate will be

forwarded to the submitter of the

information at the time the request is

granted unless the agency requests that

the submitter not be notified.

(d) Requests from Federal and State

agencies for purposes other than law

enforcement. Requests from Federal and

State agencies for access to nonpublic

records for purposes not related to law

enforcement should be addressed to the

General Counsel. The General Counsel

or the General Counsel’s designee is

delegated the authority to dispose of

requests under this paragraph.

Disclosure of nonpublic information

will be made consistent with sections

6(f) and 21 of the FTC Act. Requests

under this section shall be subject to the

fee and fee waiver provisions of § 4.8.

* * * * *

(f) Requests by current or former

employees to use nonpublic memoranda

as writing samples shall be addressed to

the General Counsel. The General

Counsel or the General Counsel’s

designee is delegated the authority to

dispose of such requests consistent with

applicable nondisclosure provisions,

including sections 6(f) and 21 of the

FTC Act.

(g) Employees are encouraged to

engage in teaching, lecturing, and

writing that is not prohibited by law,

Executive order, or regulation. However,

an employee shall not use information

obtained as a result of his Government

employment, except to the extent that

such information has been made

available to the general public or will be

made available on request, or when the

General Counsel or the General

Counsel’s designee gives written

authorization for the use of nonpublic

information on the basis that the use is

in the public interest.

7. Section 4.15 is amended by revising

paragraph (c)(3) to read as follows:

§ 4.15 Commission meetings.

* * * * *

(c) * * *

(3) Closed meeting transcripts or

minutes required by 5 U.S.C. 552b(f)(1)

will be released to the public insofar as

they contain information that either is

not exempt from disclosure under 5

U.S.C. 552b(c), or, although exempt,

should be disclosed in the public

interest. The Commission will

determine whether to release, in whole

or in part, the minutes of its executive

sessions to consider oral arguments.

With regard to all other closed meetings,

the General Counsel or the General

Counsel’s designee shall determine, in

accordance with § 4.9(c), which portions

of the transcripts or minutes may be

released.

* * * * *

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–16030 Filed 6–16–98; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

[Docket No. 96N–0007]

Labeling of Drugs for Use in MilkProducing Animals

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

new animal drug regulations to remove

the existing 96-hour withdrawal time

limitation, eliminate the requirement to

calculate and label on the basis of the

number of 12-hour milking periods that

have elapsed since treatment, and

permit a milk-discard or withdrawal

time to be calculated by elapsed hours

since treatment. The agency is taking

these actions to allow greater flexibility