Rule2021-21824

Procedures for Responding to Petitions for Rulemaking

Primary source

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Published
October 29, 2021
Effective
October 29, 2021

Issuing agencies

Federal Trade Commission

Abstract

The Federal Trade Commission ("FTC" or "Commission") is updating its procedures for responding to petitions for rulemaking. These changes will provide increased transparency and promote public participation in the rulemaking process. Pursuant to the amendments, the FTC will provide notice and an opportunity for public comment on petitions for the issuance, amendment, or repeal of regulations. The rules also provide greater guidance to the public on the procedures for filing petitions and the types of material that may be submitted in support of a petition.

Full Text

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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59851-59855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21824]



[[Page 59851]]

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FEDERAL TRADE COMMISSION

16 CFR Parts 1, 4, 306, 309, 323, and 500


Procedures for Responding to Petitions for Rulemaking

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
updating its procedures for responding to petitions for rulemaking. 
These changes will provide increased transparency and promote public 
participation in the rulemaking process. Pursuant to the amendments, 
the FTC will provide notice and an opportunity for public comment on 
petitions for the issuance, amendment, or repeal of regulations. The 
rules also provide greater guidance to the public on the procedures for 
filing petitions and the types of material that may be submitted in 
support of a petition.

DATES: This rule is effective October 29, 2021.

FOR FURTHER INFORMATION CONTACT: Kenny Wright, Attorney (202-326-2907), 
Office of the General Counsel, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The Commission is revising parts 1 and 4 of 
its rules of practice, 16 CFR parts 1 and 4, to update procedures for 
handling petitions for rulemaking. These updated procedures will govern 
the handling of petitions for the issuance, amendments, or repeal of 
rules, including trade regulation rules issued pursuant to Section 
18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), as well as other 
statutory grants of rulemaking authority. These procedures will also 
apply to requests to issue, amend, or repeal interpretive rules, 
including guides described in subchapter B of the Commission rules and 
other official Commission interpretations.\1\ In addition, the 
procedures will apply to petitions from regulated parties seeking 
exemptions from Commission rules.\2\
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    \1\ These new procedures do not alter or supersede the 
procedures described in subpart A of Part 1, 16 CFR 1.1 through 1.4, 
of the Commission's rules of practice governing requests for 
advisory opinions with respect to a course of action the requesting 
party proposes to pursue. Requests for individualized advisory 
opinions relating to the lawfulness of a specific course of conduct 
will continue to be handled pursuant to the procedures outlined in 
subpart A of Part 1.
    \2\ As described below, the Commission is also making conforming 
amendments to provisions in parts 306, 309, 323, and 500, which 
allow regulated parties to seek exemptions from Commission rules, to 
include a cross-reference to the Commission's updated procedures for 
responding to petitions for rulemaking.
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    The amendments add a new subpart D in part 1 of the Commission 
rules to establish updated procedures for responding to petitions for 
rulemaking. Pursuant to these procedures, interested persons may 
petition the Commission for the issuance, amendment, or repeal of a 
regulation administered by the Commission, including an interpretive 
rule providing a Commission interpretation of a statute or regulation 
administered by the Commission.
    Under the revised procedures, the Commission will publish petitions 
for rulemaking in the Federal Register and invite public comment on the 
merits of petitions. This change will promote public participation in 
the rulemaking process and allow the Commission to obtain useful public 
input in reaching a determination on whether to grant a petition for 
rulemaking.
    The amendments also provide additional detail regarding the types 
of information that must be filed in support of a petition for 
rulemaking as well as the types of data that may assist the Commission 
in evaluating petitions. The rule describes the information and 
supporting data that must be included with any petition for rulemaking, 
including the name and contact information for the petitioner along 
with an explanation of how the petitioner's interests would be affected 
by the proposed action. The rule also requires petitioners to provide a 
thorough description of the action being requested along with a full 
explanation of the factual and legal basis for the requested action. 
The rule also provides guidance to petitioners on the types of 
information that may be relied upon to support a petition including, 
but not limited to, research, industry data, and all scientific, 
technical, or statistical analyses prepared in support of the proposal.
    The rule also provides instructions to the public on the mechanics 
for filing petitions for rulemaking, and additional detail on how the 
Commission will docket and handle petitions that are received. The 
revised rule also promotes transparency by ensuring petitioners are 
notified of a Commission decision to either initiate rulemaking in 
response to a petition or to deny the petition. In addition, the 
revised rule provides clearer instructions on how to obtain 
confidential treatment of information submitted in support of a 
petition.
    These procedures will also apply to petitions for exemptions from 
Commission rules. Accordingly, the Commission is making conforming 
amendments to update cross-references to the Commission's procedures 
for responding to petitions for rulemaking and petitions for exemptions 
from an agency rule in several other FTC rules.

Sec.  1.6 How Promulgated

    The amendments revise Sec.  1.6 to clarify that the Commission will 
employ these updated procedures to respond to petitions seeking the 
issuance, amendment, or repeal of industry guides.

Sec.  1.9 Petitions To Commence Trade Regulation Rule Proceedings

    The amendments revise Sec.  1.9 to include an updated cross-
reference to these new procedures in Sec.  1.31 of the Commission's 
rules. This change makes clear that these new procedures will apply to 
petitions to issue, amend, or repeal trade regulation rules issued 
under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(1)(B)).

Sec.  1.16 Petition for Exemption From Trade Regulation Rule

    The amendments revise Sec.  1.16 to include an updated cross-
reference to Sec.  1.31. Pursuant to these amendments, these new 
procedures will apply to petitions by individual regulated entities 
seeking an exemption from the application of a trade regulation rule.

Sec.  1.25 Initiation of Proceedings

    The Commission is also revising Sec.  1.25 of the Commission's 
rules, 16 CFR 1.25. This change makes clear that the new procedures 
will be employed to resolve petitions for rulemaking under authorities 
other than section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(1)(B)).

Sec.  4.2 Requirements as to Form, and Filing of Documents Other Than 
Correspondence

    The amendments also incorporate an updated cross-reference to these 
new procedures in the Commission's filing rules contained in Sec.  4.2 
of the Commission's rules, 16 CFR 4.2.

Other Rule Provisions

    The Commission is also updating references to petition procedures 
in several FTC rules that provide for regulated parties to seek 
exemptions from Commission rules. Specifically, the Commission is 
updating cross-references to its petition procedures in the following 
rules: Automotive fuel

[[Page 59852]]

ratings, certification and posting, 16 CFR part 306; Labeling 
requirements for alternative fuels and alternative fueled vehicles, 16 
CFR part 309; Made in USA Labeling Rule, 16 CFR part 323; and 
Regulations under section 4 of the Fair Packaging and Labeling Act, 16 
CFR part 500.

IV. Procedural Requirements

    This rule is exempt from the notice and comment requirements of the 
Administrative Procedure Act, 5 U.S.C. 553(b), as a rule of agency 
organization, practice, and procedure. In addition, only substantive 
rules require publication 30 days prior to their effective date. 5 
U.S.C. 553(d). Therefore, this final rule is effective upon publication 
in the Federal Register. The requirements of the Regulatory Flexibility 
Act also do not apply.\3\
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    \3\ A regulatory flexibility analysis under the RFA is required 
only when an agency must publish a notice of proposed rulemaking for 
comment. See 5 U.S.C. 603.
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    The Office of Management and Budget (``OMB'') has approved the 
information collections associated with requests for Commission action 
pursuant to the Commission's rules of practice, including the petitions 
covered by these amendments. OMB has approved these information 
collections through June 30, 2024 (OMB Control No. 3084-0169). These 
amendments revise the procedures the Commission will employ to respond 
to such petitions and provide additional guidance to the public on what 
types of information and supporting materials should be submitted in 
support of a petition to allow the Commission to respond effectively. 
The amendments do not impose additional requirements and do not require 
further OMB clearance.
    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).

List of Subjects

16 CFR Part 1

    Administrative practice and procedure.

16 CFR Part 4

    Administrative practice and procedure, Freedom of information.

16 CFR Part 306

    Fuel ratings, Fuel, Gasoline, Incorporation by reference, Trade 
practices.

16 CFR Part 309

    Alternative fuel, Alternative fueled vehicle, Energy conservation, 
Labeling, Reporting and recordkeeping, Trade practices.

16 CFR Part 323

    Labeling, U.S. origin.

16 CFR Part 500

    Fair Packaging and Labeling Act, Incorporation by reference, 
Labeling, Packaging and containers, Trade practices.

    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 1--GENERAL PROCEDURES

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C. 
601 note.


0
2. Add an authority citation for subpart A to read as follows:

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


0
3. Revise Sec.  1.6 to read as follows:


Sec.  1.6  How promulgated.

    Industry guides \1\ are promulgated by the Commission on its own 
initiative or pursuant to petition filed with the Secretary pursuant to 
Sec.  1.31, by any interested person or group, when it appears to the 
Commission that guidance as to the legal requirements applicable to 
particular practices would be beneficial in the public interest and 
would serve to bring about more widespread and equitable observance of 
laws administered by the Commission. In connection with the 
promulgation of industry guides, the Commission at any time may conduct 
such investigations, make such studies, and hold such conferences or 
hearings as it may deem appropriate. All or any part of any such 
investigation, study, conference, or hearing may be conducted under the 
provisions of subpart A of part 2 of this chapter.
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    \1\ In the past, certain of these have been promulgated and 
referred to as trade practice rules.

0
4. Revise the authority citation for subpart B of Part 1 to read as 
follows:

    Authority:  5 U.S.C. 552; 5 U.S.C. 601 note; 15 U.S.C. 46; 15 
U.S.C. 57a.


0
5. Revise Sec.  1.9 to read as follows:


Sec.  1.9  Petitions to commence trade regulation rule proceedings.

    Trade regulation rule proceedings may be commenced by the 
Commission upon its own initiative or pursuant to written petition 
filed with the Secretary by any interested person stating reasonable 
grounds therefor. Such petitions will be handled in the same manner and 
pursuant to the same procedures as prescribed in Sec.  1.31 of this 
chapter.

0
6. Revise Sec.  1.16 to read as follows:


Sec.  1.16  Petition for exemption from trade regulation rule.

    Any person to whom a rule would otherwise apply may petition the 
Commission for an exemption from such rule. Petitions for exemptions 
will be handled in the same manner and pursuant to the same procedures 
as prescribed in Sec.  1.31 of this chapter.

0
7. Revise the authority citation for subpart C of Part 1 to read as 
follows:

    Authority:  15 U.S.C. 46; 5 U.S.C. 601 note.


0
8. Revise Sec.  1.25 to read as follows:


Sec.  1.25  Initiation of rulemaking proceedings--petitions.

    Proceedings for the issuance, amendment, or repeal of rules issued 
pursuant to authorities other than Section 18(a)(1)(B) of the FTC Act 
(15 U.S.C. 57a(1)(B)), including proceedings for exemption of products 
or classes of products from statutory requirements, may be commenced by 
the Commission upon its own initiative or pursuant to petition. Such 
petitions will be handled in the same manner and pursuant to the same 
procedures as prescribed in Sec.  1.31 of this chapter.

0
9. Add subpart D, consisting of Sec.  1.31, to read as follows:

Subpart D--Petitions for Rulemaking or Exemption

    Authority:  15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 601 note.


Sec.  1.31  Procedures for addressing petitions.

    (a) Petitions for rulemaking. An interested person may petition for 
the issuance, amendment, or repeal of a rule, administered by the 
Commission pursuant to Section 18(a)(1)(B) of the FTC Act (15 U.S.C. 
57a(1)(B)) or other statutory authorities. A request to issue, amend, 
or repeal an interpretive rule, including an industry guide, may also 
be submitted by petition. For purposes of this section, a ``petition'' 
means a written request to issue, amend, or repeal a rule or 
interpretive rule administered by the Commission or a petition seeking 
an exemption from the coverage of a rule.
    (b) Requirements. Petitions must include the following information:

[[Page 59853]]

    (1) The petitioner's full name, address, telephone number, and 
email address (if available), along with an explanation of how the 
petitioner's interests would be affected by the requested action;
    (2) A full statement of the action requested by the petitioner, 
including the text and substance of the proposed rule or amendment, or 
a statement identifying the rule proposed to be repealed, and citation 
to any existing Commission rules that would be affected by the 
requested action;
    (3) A full statement of the factual and legal basis on which the 
petitioner relies for the action requested in the petition, including 
all relevant facts, views, argument, and data upon which the petitioner 
relies, as well as information known to the petitioner that is 
unfavorable to the petitioner's position. The statement should identify 
the problem the requested action is intended to address and explain why 
the requested action is necessary to address the problem.
    (c) Supporting data. If an original research report is used to 
support a petition, the information should be presented in a form that 
would be acceptable for publication in a peer reviewed scientific or 
technical journal. If quantitative data are used to support a petition, 
the presentation of the data should include a complete statistical 
analysis using conventional statistical methods. Sources of information 
appropriate to use in support of a petition include, but are not 
limited to:
    (1) Professional journal articles,
    (2) Research reports,
    (3) Official government statistics,
    (4) Official government reports,
    (5) Industry data, and
    (6) Scientific textbooks.
    (d) Filing. A petition should be submitted via email to 
<a href="/cdn-cgi/l/email-protection#8feae3eaecfbfde0e1e6ece9e6e3e6e1e8fccfe9fbeca1e8e0f9"><span class="__cf_email__" data-cfemail="7c1910191f080e1312151f1a151015121b0f3c1a081f521b130a">[email&#160;protected]</span></a> or sent via postal mail or commercial 
delivery to Federal Trade Commission, Office of the Secretary, Suite 
CC-5610, 600 Pennsylvania Avenue NW, Washington, DC 20580. If the 
petition meets the requirements for Commission consideration described 
in this section, the Secretary will assign a docket number to the 
petition. Once a petition has been docketed, the FTC will notify the 
petitioner in writing and provide the petitioner with the number 
assigned to the petition and an agency contact for inquiries relating 
to the petition. The petition number should be referenced by the 
petitioner in all contacts with the agency regarding the petition.
    (e) Confidential treatment. If a petition contains material for 
which the petitioner seeks confidential treatment, the petitioner must 
file a request for confidential treatment that complies with Sec.  
4.9(c) of this chapter and two versions of the petition and all 
supporting materials, consisting of a confidential and a public 
version. Every page of each such document shall be clearly and 
accurately labeled ``Public'' or ``Confidential.'' In the confidential 
version, the petitioner must use brackets or similar conspicuous 
markings to indicate the material for which it is claiming confidential 
treatment. In the public version, the petitioner must redact all 
material for which it seeks confidential treatment in the petition and 
supporting materials or all portions thereof for which confidential 
treatment is requested. The written request for confidential treatment 
that accompanies the petition must include a description of the 
material for which confidential treatment is requested and the factual 
and legal basis for the request. Requests for confidential treatment 
will only be granted if the General Counsel grants the request in 
accordance with the law and the public interest, pursuant to Sec.  
4.9(c) of this chapter.
    (f) Notice and public comment. After a petition has been docketed 
as described in paragraph (d) of this section, the Office of the 
Secretary will provide public notice of the petition on behalf of the 
Commission in the Federal Register and publish the document online for 
public comment for 30 days through the Federal eRulemaking portal at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Any person may file a statement in support 
of or in opposition to a petition prior to Commission action on the 
petition by following the instructions provided in the Federal Register 
notice inviting comment on the petition. All comments on a petition 
will become part of the public record.
    (g) Resolution of petitions. The Commission may grant or deny a 
petition in whole or in part. If the Commission determines to commence 
a rulemaking proceeding in response to a petition, the Commission will 
publish a rulemaking notice in the Federal Register and will serve a 
copy of the notice initiating the rulemaking proceeding on the 
petitioner. If the petition is deemed by the Commission as insufficient 
to warrant commencement of a rulemaking proceeding, the Commission will 
make public its determination and notify the petitioner, who may be 
given the opportunity to submit additional data. Petitions that are 
moot, premature, repetitive, frivolous, or which plainly do not warrant 
consideration by the Commission may be denied or dismissed without 
prejudice to the petitioner.

PART 4--MISCELLANEOUS RULES

0
10. The authority citation for part 4 continues to read as follows:

    Authority:  15 U.S.C. 46.


0
11. Amend Sec.  4.2 by adding paragraph (a)(1)(iii) to read as follows:


Sec.  4.2  Requirements as to form, and filing of documents other than 
correspondence.

    (a) * * *
    (1) * * *
    (iii) Petitions for rulemaking and petitions for exemptions from 
rules shall instead be filed in the manner prescribed in Sec.  1.31 of 
this chapter.
* * * * *

PART 306--AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING

0
12. The authority citation for part 306 continues to read as follows:

    Authority: 15 U.S.C. 2801 et seq.; 42 U.S.C. 17021.


0
13. Revise Sec.  306.10(b)(2) to read as follows:


Sec.  306.10  Automotive fuel rating posting.

    (b) * * *
    (2) You may petition for an exemption from the placement 
requirements. You must state the reasons that you want the exemption. 
Petitions for exemptions will be handled pursuant to the procedures 
prescribed in Sec.  1.31 of this chapter.
* * * * *

0
14. Amend Sec.  306.12 by:
0
a. In paragraph (a)(2), revising the last two sentences; and
0
b. In paragraph (a)(3), revising the last two sentences.
    The revisions to read as follows:


Sec.  306.12  Labels.

    (a) * * *
    (2) * * * You must state the size and contents of the label that 
you wish to use, and the reasons that you want to use it. Petitions for 
exemptions will be handled pursuant to the procedures prescribed in 
Sec.  1.31 of this chapter.
    (3) * * * You must state the size and contents of the label that 
you wish to use, and the reasons that you want to use it. Petitions for 
exemptions will be handled pursuant to the procedures prescribed in 
Sec.  1.31 of this chapter.
* * * * *

[[Page 59854]]

PART 309--LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND 
ALTERNATIVE FUELED VEHICLES

0
15. The authority citation for part 309 continues to read as follows:

    Authority:  42 U.S.C. 13232(a).


0
16. Revise Sec.  309.15(b)(2) to read as follows:


Sec.  309.15  Posting of non-liquid alternative vehicle fuel rating.

* * * * *
    (b) * * *
    (2) You may petition for an exemption from the placement 
requirements by writing the Secretary of the Federal Trade Commission, 
Washington, DC 20580. You must state the reasons that you want the 
exemption. Petitions for exemptions will be handled pursuant to the 
procedures prescribed in Sec.  1.31 of this chapter.
* * * * *

0
17. Amend Sec.  309.17 by:
0
a. In paragraph (a)(1), revising the last two sentences; and
0
b. In paragraph (a)(2), revising the last two sentences.
    The revisions to read as follows:


Sec.  309.17  Labels.

* * * * *
    (a) * * *
    (1) * * * You must state the size and contents of the label that 
you wish to use, and the reasons that you want to use it. Petitions for 
exemptions will be handled pursuant to the procedures prescribed in 
Sec.  1.31 of this chapter.
    (2) * * * You must state the size and contents of the label that 
you wish to use, and the reasons that you want to use it. Petitions for 
exemptions will be handled pursuant to the procedures prescribed in 
Sec.  1.31 of this chapter.
* * * * *

PART 323--MADE IN USA LABELING RULE

0
18. The authority citation for part 323 continues to read as follows:

    Authority: 15 U.S.C. 45a.


0
19. Revise Sec.  323.6 to read as follows:


Sec.  323.6  Exemptions.

    Any person to whom this rule applies may petition the Commission 
for a partial or full exemption. The Commission may, in response to 
petitions or on its own authority, issue partial or full exemptions 
from this part if the Commission finds application of the rule's 
requirements is not necessary to prevent the acts or practices to which 
the rule relates. The Commission shall resolve petitions using the 
procedures provided in Sec.  1.31 of this chapter. If appropriate, the 
Commission may condition such exemptions on compliance with alternative 
standards or requirements to be prescribed by the Commission.

PART 500--REGULATIONS UNDER SECTION 4 OF THE FAIR PACKAGING AND 
LABELING ACT

0
20. The authority citation for part 500 continues to read as follows:

    Authority: 15 U.S.C. 1453, 1454, 1455.


0
21. Amend Sec.  500.3 by revising paragraph (e) to read as follows:


Sec.  500.3  Prohibited acts, coverage, general labeling requirements, 
exemption procedures.

* * * * *
    (e) Proceedings for the promulgation of such exempting regulations 
may be commenced by the Commission upon its own initiative or pursuant 
to petition filed with the Secretary by any interested person or group 
stating reasonable grounds for the proposed exemption, pursuant to 
Sec.  1.31 of this chapter.

    By direction of the Commission, Commissioner Christine S. Wilson 
dissenting.
April J. Tabor,
Secretary.

The Following Will Not Appear in the Code of Federal Regulations

Statement of Chair Lina M. Khan

    A key priority of mine is ensuring that the FTC is regularly 
hearing and learning from the broader public, including the 
consumers, workers, and honest businesses we strive to protect. 
Guarding against insularity is a constant challenge for virtually 
all federal agencies, and ensuring the FTC is accessible even to 
those who lack well-heeled counsel or personal connections is 
essential to our institutional credibility. Introducing these open 
meetings and inviting public comments on a monthly basis has been 
part of an effort to democratize our work in this way.
    Today, we are taking this effort one step further by 
implementing changes to our procedures around rulemaking. Congress 
granted the FTC the power to issue rules, equipping us with a vital 
tool to protect the public from harmful business practices. 
Interested members of the public will be able to petition the FTC to 
invoke its rulemaking and other authorities to advance its mission. 
The new procedures provide clearer guidance to the public on how to 
file a petition with the Commission and what steps the Commission 
will take after receiving a petition. These revised procedures will 
help ensure that all interested parties will have effective and 
meaningful access to the petition process. Each petition for 
rulemaking will be made publicly available; petitioners will be 
provided an agency point of contact to assist them throughout the 
process; and all petitions will be put out for comment so others can 
comment on them. Finally, the new procedures ensure that petitioners 
are notified of a Commission decision on the petition one way or 
another.
    As Chair, I am fully committed to finding ways to ensure our 
agency is directly connected to and responsive to the public we 
serve, and I welcome additional ideas for how we can modify our 
agency's processes to better meet these goals.

Statement of Commissioner Rohit Chopra

    The Constitution of the United States guarantees the right ``to 
petition the Government.'' The Administrative Procedure Act also 
requires that an ``agency shall give an interested person the right 
to petition for the issuance, amendment, or repeal of a rule.'' 
Federal agencies across the government have moved toward more 
transparent procedures to allow the public to file petitions for 
rulemaking. Unfortunately, Commissioners spanning multiple 
administrations pursued a more secretive and less accountable policy 
when individuals exercised their First Amendment rights.
    The FTC used to publish routinely the petitions it received to 
allow for public inspection. Those petitions came on a wide range of 
concerns. For example, Commissioners received petitions on 
everything from the labeling of cage-free eggs, health benefit 
claims, and immigration consulting. In 2011, Commissioners largely 
abandoned the practice of publishing these petitions. While we have 
resumed publication of these petitions, we have not done so 
consistently or in an orderly fashion.
    In 2019, the New Civil Liberties Alliance, a conservative legal 
advocacy group, petitioned the FTC to pursue a rulemaking regarding 
the procedures for defending agency guidance when challenged in 
court. My initial review suggested the actions requested in the 
petition may not have been the best use of resources, but the 
petition was not frivolous. I unsuccessfully argued to my colleagues 
that we should post the petition and solicit comment on it, along 
with others, consistent with the best practices published by the 
Administrative Conference of the United States, rather than what 
amounted to pretending we never received it. Even if we disagree, we 
shouldn't silence or censor them.
    The proposed rule changes will reverse the inappropriate 
practices implemented by prior Commissioners and allow interested 
persons to submit petitions for rulemaking. Petitions properly 
submitted will be posted for public inspection and the public will 
be allowed to comment.
    This system is not perfect. Dark money groups funded by 
regulated entities may submit petitions and may manufacture fake 
comments, as federal agencies have seen in other regulatory 
proceedings. However, initiatives like these help loosen the grip 
large, dominant firms have held in order to secretly influence and 
dictate the agenda of this agency. Small businesses and community 
groups can't afford to hire high-priced FTC alumni with special 
access and

[[Page 59855]]

connections to push their agenda. Making public every properly filed 
petition for rulemaking will level the playing field. This is 
another important step to be more transparent, to promote democratic 
debate, and to rebuild trust in the Federal Trade Commission.

[FR Doc. 2021-21824 Filed 10-28-21; 8:45 am]
BILLING CODE 6750-01-P


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