Rule2026-19597
Rules of Practice
Primary source
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Published
September 24, 2026
Effective
September 24, 2026
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("Commission" or "FTC") is amending its rules of practice to revise the description of the FTC's EEO Office and Regional Offices and to update the list of current control numbers assigned by the Director of the Office of Management and Budget ("OMB") to the Commission's information collection requirements. The Commission is also amending its rules of practice to clarify that FTC staff may consider a variety of relevant issues when modifying a Second Request--i.e., a request for additional information or documentary material relevant to an acquisition the Commission is investigating. In addition, the Commission is amending its rules of practice to clarify the procedures by which Administrative Law Judges ("ALJs") are assigned to administrative adjudicative proceedings and to restore previously deleted language that provided a page limit for opening briefs. Finally, the Commission is amending its rules of practice to update the list of documents that are part of the Commission's public record; to revise and clarify the methods for submitting FOIA requests; to clarify how the Commission calculates a quorum under its quorum rule; and to add several requirements to the procedures governing motions seeking disqualification of Commissioners.
Full Text
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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Rules and Regulations]
[Pages 60514-60518]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19597]
[[Page 60514]]
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FEDERAL TRADE COMMISSION
16 CFR Chapter I
RIN 3084-AB85
Rules of Practice
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (``Commission'' or ``FTC'') is
amending its rules of practice to revise the description of the FTC's
EEO Office and Regional Offices and to update the list of current
control numbers assigned by the Director of the Office of Management
and Budget (``OMB'') to the Commission's information collection
requirements. The Commission is also amending its rules of practice to
clarify that FTC staff may consider a variety of relevant issues when
modifying a Second Request--i.e., a request for additional information
or documentary material relevant to an acquisition the Commission is
investigating. In addition, the Commission is amending its rules of
practice to clarify the procedures by which Administrative Law Judges
(``ALJs'') are assigned to administrative adjudicative proceedings and
to restore previously deleted language that provided a page limit for
opening briefs. Finally, the Commission is amending its rules of
practice to update the list of documents that are part of the
Commission's public record; to revise and clarify the methods for
submitting FOIA requests; to clarify how the Commission calculates a
quorum under its quorum rule; and to add several requirements to the
procedures governing motions seeking disqualification of Commissioners.
DATES: This rule is effective on September 24, 2026, except that the
Commission may determine that application of amended 16 CFR 2.20 in an
investigation pending as of September 24, 2026 would not be feasible or
would create an injustice.
FOR FURTHER INFORMATION CONTACT: Josephine Liu, (202) 326-2170, or
Michael Lezaja, (202) 326-2661, Office of the General Counsel, Federal
Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission is revising certain rules in parts 0 through 4 of
the FTC Rules, parts 0 through 4 of title 16 of the Code of Federal
Regulations (``CFR''), each of which are explained below with respect
to their current state and how they will change under the amended
regulations. Because these rule revisions relate solely to agency
procedure and practice, and do not substantively alter any rights or
interests of members of the public, notice and comment is not required
under the Administrative Procedure Act. 5 U.S.C. 553(b).\1\
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\1\ For 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.
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A. Description of the Chairman's Responsibilities
The Commission is reverting to the term ``Chairman'' in Sec. 0.8,
to ensure consistency with the statutory language in the FTC Act. See
15 U.S.C. 41. In addition, the Commission is amending Sec. 0.8(c) to
reflect the current title and responsibilities of the agency's EEO
office.
B. Revision to Description of Regional Offices
To reflect the creation of the American Competition Enforcement
(``ACE'') Division within the Bureau of Competition, the Commission is
revising the language in Sec. 0.19(a) describing how the Regional
Offices are supervised. ACE operates as a nationally integrated
division with employees across the United States.
In addition, the Commission is revising Sec. 0.19(c) to remove the
reference to Assistant Regional Directors in the FTC's Regional
Offices. Although the FTC's Regional Offices will continue to have
Assistant Regional Directors, this amendment better aligns the
description in Sec. 0.19 with the descriptions of other FTC
administrative units in Part 0, which do not specify the reporting
structure within those units.
C. Updates to List of Current Control Numbers Assigned by the OMB
Director
The Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501 et seq., as
implemented by 5 CFR part 1320, requires Federal agencies to obtain OMB
approval before undertaking a collection of information directed to ten
or more persons. Upon approval of an information collection, OMB issues
a control number. The agency must display this control number to inform
the public that the agency's information collection has been approved
by OMB. See 44 U.S.C. 3512. For ease of reference, the Commission
publishes all the control numbers assigned to its rules, and rules it
otherwise co-enforces with other Federal agencies, in a centrally
codified table in Sec. 1.101(b). The Commission is amending Sec.
1.101(b) to update this table as follows.
First, the Commission is amending Sec. 1.101(b) to reflect the
discontinuation of OMB Control No. 3084-0132 (Title: Prescreen Opt-Out
Notice Rule). Although the Commission initially obtained OMB clearance
for the notice requirements in the Prescreen Opt-Out Notice Rule, 16
CFR part 642, the Commission subsequently determined, and OMB
concurred, that the Rule's notice requirements in fact do not
constitute an information collection for the purpose of the PRA.\2\
Accordingly, OMB Control No. 3084-0132 has been discontinued. The
discontinuation of this OMB clearance does not affect motor vehicle
dealers' existing obligations under the Prescreen Opt-Out Notice Rule,
16 CFR part 642.
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\2\ The Commission determined, and OMB concurred, that the
notice requirements contained in the Prescreen Opt-Out Notice Rule,
16 CFR part 642, do not constitute a ``collection of information''
under the PRA, because the PRA expressly exempts ``[t]he public
disclosure of information originally supplied by the Federal
government to the recipient for the purpose of disclosure to the
public.'' See 5 CFR 1320.3(c)(2).
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Second, the Commission is amending Sec. 1.101(b) to reflect that
the Commission has obtained OMB approval to collect information for the
purpose of various administrative activities, which include
applications by members of the public to the Commission pursuant to
parts 1, 4, and 6 of the FTC Rules, 16 CFR parts 1, 4, and 6. OMB has
assigned this information collection OMB Control No. 3084-0169 (Title:
FTC Administrative Activities).
Third, the Commission is amending Sec. 1.101(b) to reflect that
the Commission has obtained OMB approval for the information collection
requirements set forth in the Standards for Safeguarding Customer
Information, 16 CFR part 314 (``Safeguards Rule''). Pursuant to the
Safeguards Rule, financial institutions are required to report to the
Commission notification events where unencrypted customer information
involving 500 or more consumers is acquired without authorization. OMB
has assigned this information collection OMB Control No. 3084-0171
(Title: Standards for Safeguarding Customer Information (``Safeguards
Rule'')).
Fourth, the Commission is amending Sec. 1.101(b) to reflect that
the Commission has obtained OMB approval for the information collection
requirements set forth in the Ophthalmic Practice Rules (Eyeglass
Rule), 16 CFR part 456. Pursuant to the Eyeglass Rule, covered entities
are required to obtain a signed confirmation of prescription receipt
after providing a copy of the
[[Page 60515]]
prescription to the patient, and to retain records to demonstrate
compliance with the rule's prescription release requirements. OMB has
assigned this information collection OMB Control No. 3084-0174 (Title:
Ophthalmic Practice Rules).
Finally, the Commission is amending Sec. 1.101(b) to reflect that
the Commission has obtained OMB approval for the information collection
requirements set forth in the Rule on Unfair or Deceptive Fees, 16 CFR
part 464. The Fees Rule includes disclosure obligations relating to the
total price of live-event tickets or short-term lodging, any fee or
charge imposed on the transaction that has been excluded from the total
price, and the final amount of payment for the transaction. OMB has
assigned this information collection OMB Control No. 3084-0176 (Title:
Unfair or Deceptive Fees).
D. Clarifications of Procedures for Modifications of Second Requests
During Premerger Review
Section 7A of the Clayton Act, 15 U.S.C. 18a (``Clayton Act'' or
``Act''), which was enacted as Title II of the Hart-Scott-Rodino
Antitrust Improvements Act of 1976, Public Law 94-435, title II, 90
Stat. 1390 (Sep. 30, 1976), and is implemented in 16 CFR parts 801 to
803, established the Federal Premerger Notification Program. The Act
requires parties to certain mergers or acquisitions to submit premerger
notification filings to the Commission and the Assistant Attorney
General in charge of the Antitrust Division of the DOJ (collectively,
``enforcement agencies''), and to wait a short period of time before
consummating such transactions.\3\ The reporting and waiting period
requirements are intended to enable the enforcement agencies to
determine whether the proposed merger or acquisition, if consummated,
would violate the antitrust laws (including section 7A of the Clayton
Act) and, when appropriate, to seek an injunction in Federal court in
order to enjoin anticompetitive acquisitions prior to consummation.\4\
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\3\ See 15 U.S.C. 18a(b)(1)(B), for the applicable time periods.
\4\ See 15 U.S.C. 18a(f).
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If, during the waiting period, either the FTC or the DOJ determines
that a further inquiry is necessary, section 7A(e)(1)(A) of the Clayton
Act authorizes the determining agency to request additional information
or documentary material from any person required to file notification.
This request for additional information or documentary material is
referred to as a ``Second Request,'' and results in an extension of the
waiting period.\5\
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\5\ See 16 CFR 803.20(c).
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Section 2.20 sets forth procedures for Second Requests. Currently,
paragraph (b)(3) of Sec. 2.20 permits the Commission's authorized
representative to modify the Second Request, or recommend such
modification to the responsible Assistant Director of the Bureau of
Competition, if the authorized representative ``determines that a less
burdensome request would be consistent with the needs of the
investigation.'' The Commission is revising Sec. 2.20(b)(3) to clarify
that, in determining whether to modify the request or recommend a
modification, the authorized representative may consider all relevant
factors, including (1) timing agreement negotiations, (2) the
competitive issues involved, (3) the manner in which information and
documents are maintained by the recipient, (4) the type of information
available to the recipient, (5) the relative burdens to the
recipient(s) of producing the requested information, and (6) whether a
less burdensome request would be consistent with the needs of the
investigation.
E. Clarification of Procedures for Assigning ALJs to Administrative
Adjudicative Proceedings
Section 3.42(b) sets forth how cases are assigned to ALJs in
administrative adjudicative proceedings. Specifically, it currently
provides that the presiding ALJ in an FTC adjudicative proceeding
``shall be designated by the Chief Administrative Law Judge or, when
the Commission or one or more of its members preside, by the
Commission.'' 16 CFR 3.42(b). The Commission is amending Sec. 3.42(b)
to clarify the procedures applicable to the Chief ALJ's assignment of
ALJs to adjudicative proceedings. The revisions specify that the
Commission's Chief ALJ assigns ALJs to adjudicative proceedings on a
rotational basis, so far as practicable, and may only depart from the
rotational assignment of cases, on an as-needed basis, to ensure the
just and expeditious disposition of proceedings. These revisions are
consistent with the Administrative Procedure Act, which provides that
ALJs ``shall be assigned to cases in rotation so far as practicable.''
5 U.S.C. 3105.
F. Page Limits for Opening Briefs in Administrative Adjudicative
Proceedings
On July 5, 2023, the Commission published a final rule in the
Federal Register adopting several amendments to its rules of practice,
including its rules of practice for adjudicative proceedings
(hereinafter, ``July 2023 Amendments'').\6\ Among other things, the
July 2023 Amendments provided parties with an opportunity to file
exceptions to an ALJ's recommended decision by filing an opening brief.
Language providing for a page limit for such opening briefs was
inadvertently deleted as part of the July 2023 Amendments.
Specifically, the deleted language provided that, without leave of the
Commission, opening briefs shall not exceed 14,000 words. Accordingly,
the Commission is revising Sec. 3.52(c) to restore the inadvertently
deleted language.
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\6\ 88 FR 42872 (Jul. 5, 2023), as corrected by 88 FR 45063
(Jul. 14, 2023).
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G. Update to Description of the Public Record of the Commission
In Sec. 4.9(b)(5)(ii), the Commission is adding a reference to
recommended decisions of ALJs to reflect that ALJs will issue
``recommended'' decisions rather than ``initial'' decisions under the
July 2023 Amendments.
H. Revision of Methods To Submit FOIA Requests
Section 4.11(a)(1)(i)(A) provides the methods that may be used to
submit a request under the Freedom of Information Act (``FOIA''), 5
U.S.C. 552, to the Commission. The Commission is revising Sec.
4.11(a)(1)(i)(A) to specify that FOIA requests may be submitted via the
FTC's online FOIA portal; indicate that FOIA requests may be submitted
via the Federal government-wide National FOIA Portal; and remove
facsimile and email as methods to submit a FOIA request. Currently,
Sec. 4.11(a)(1)(i)(A) indicates that FOIA requests may be submitted
``by the form located on the FTC's FOIA website.'' The Commission has
an online FOIA portal instead of an online FOIA request form. To better
reflect current practice, the Commission is replacing the rule language
referencing ``the form'' with ``the online FOIA portal.'' Section
4.11(a)(1)(i)(A) is also updated to add that FOIA requests may be
submitted ``by the National FOIA Portal, found at <a href="http://www.foia.gov">www.foia.gov</a>,'' which
was created by the FOIA Improvement Act of 2016, 5 U.S.C. 552(m), to
allow the public to centrally submit a FOIA request to any agency from
a single website. The Commission is eliminating facsimile because it is
a rarely used transmission method and postal mail remains available as
an alternative to online submission. The Commission is also removing
email as a method to submit a FOIA request
[[Page 60516]]
because both the FTC's online FOIA portal and the National FOIA Portal
provide an electronic form that helps requesters submit necessary
information for a proper FOIA request, and requests submitted via these
online portals are automatically received by the FTC.
I. Clarification of the Commission's Quorum Rule
Section 4.14(b) sets forth how the Commission calculates a quorum
for the conduct of Commission business. Specifically, it provides that
``[a] majority of the members of the Commission in office and not
recused from participating in a matter (by virtue of 18 U.S.C. 208 or
otherwise) constitutes a quorum for the transaction of business in that
matter.'' When the Commission adopted this language in 2005, it
understood that one Commissioner constitutes a ``majority'' under the
rule--and therefore qualifies as a quorum--if there is only a single
Commissioner in office or only a single Commissioner not recused from
participating in a matter. Accordingly, consistent with Sec. 4.14(b),
the Commission occasionally has taken action with a quorum of one.\7\
To provide clear and unambiguous guidance to the public and avoid any
misconceptions about the meaning of the Commission's quorum rule, the
Commission is amending Sec. 4.14(b) to specify how the Commission
calculates a quorum under the rule in every possible scenario. The
Commission is also revising Sec. 4.14(b) to refer to ``Commissioners''
rather than ``members of the Commission'' for consistency with other
language in Sec. 4.14(b). Finally, to make the revisions more
readable, the amendments use ``available to participate in a matter''
as a shorthand for ``in office and not recused from participating in a
matter (by virtue of 18 U.S.C. 208 or otherwise).''
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\7\ See, e.g., Press Release, FTC, FTC Secures Major Settlement
with Caremark, Resolving Antitrust Case against Second Drug
Middleman (July 14, 2026) (noting that a two-member Commission voted
1-0 to accept a consent agreement for public comment with one
Commissioner recused), <a href="https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-secures-major-settlement-caremark-resolving-antitrust-case-against-second-drug-middleman">https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-secures-major-settlement-caremark-resolving-antitrust-case-against-second-drug-middleman</a>; Press Release, FTC,
FTC Secures Agreement with Haveas to Restore Competition in the
Digital Advertising Ecosystem (June 30, 2026) (noting that a two-
member Commission voted 1-0 to issue a complaint and final order
with one Commissioner recused), <a href="https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-secures-agreement-havas-restore-competition-digital-advertising-ecosystem">https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-secures-agreement-havas-restore-competition-digital-advertising-ecosystem</a>; Press Release, FTC, FTC
Secures Landmark Settlement with Express Scripts to Lower Drug Costs
for American Patients, (Feb. 4, 2026) (noting that a two-member
Commission voted 1-0 to accept a consent agreement for public
comment with one Commissioner recused), <a href="https://www.ftc.gov/news-events/news/press-releases/2026/02/ftc-secures-landmark-settlement-express-scripts-lower-drug-costs-american-patients">https://www.ftc.gov/news-events/news/press-releases/2026/02/ftc-secures-landmark-settlement-express-scripts-lower-drug-costs-american-patients</a>; Press Release,
FTC, FTC Adds Requirements to 2014 Order to Remedy CoreLogic Inc.'s
Compliance Deficiencies (Mar. 15, 2018) (noting that a two-member
Commission voted 1-0 to modify a consent order with one Commissioner
recused), <a href="https://www.ftc.gov/news-events/news/press-releases/2018/03/ftc-adds-requirements-2014-order-remedy-corelogic-incs-compliance-deficiencies">https://www.ftc.gov/news-events/news/press-releases/2018/03/ftc-adds-requirements-2014-order-remedy-corelogic-incs-compliance-deficiencies</a>.
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J. Additional Procedural Requirements When Resolving Motions Seeking
Disqualification of Commissioners
Section 4.17 governs motions seeking the disqualification of a
Commissioner in any rulemaking or adjudicative proceeding. Under Sec.
4.17, any participant in a proceeding before the Commission may file a
motion to disqualify a Commissioner. Such a motion is first addressed
by the Commissioner in question; if that Commissioner declines to
recuse himself or herself, the Commission determines the motion without
the participation of the challenged Commissioner. Section 4.17
specifies that the motion is to be determined in accordance with the
legal standards applicable to the proceeding in which the motion is
filed.
Section 4.17 currently does not include any requirement for a
challenged Commissioner, or the Commission, to explain in writing the
reasons for their decisions regarding disqualification motions. In
practice, challenged Commissioners and the Commission have provided and
made publicly available written explanation for their Sec. 4.17
decisions. The amendments to Sec. 4.17(b)(3)(ii) codify this current
practice. The amendments require that in the event a Commissioner
declines to recuse himself or herself from further participation in a
proceeding, he or she will issue a written statement explaining the
reasons for this decision and provide it to the other Commissioners.
The amendments also require that if the challenged Commissioner
declines to recuse and the Commission must then determine the motion
without the participation of the challenged Commissioner, the
Commission will issue an order ruling on the motion that sets forth the
Commission's reasons for its decision. Both the Commissioner's
statement and Commission's order will be made part of the public
record, consistent with Sec. 4.9.
In addition, Sec. 4.17 does not currently include any requirement
that a challenged Commissioner inform agency ethics officials about a
disqualification motion. As a matter of agency practice, challenged
Commissioners and the remaining Commissioners already inform agency
ethics officials and other officials in the FTC's Office of the General
Counsel about motions under Sec. 4.17 and work with those officials
when addressing the motions. The Commission believes that codifying
these practices into Sec. 4.17 will promote public understanding of
the Sec. 4.17 process. The amendment adds the requirement that a
challenged Commissioner must inform agency ethics officials of a Sec.
4.17 motion.
II. Procedural Requirements
A. The Administrative Procedure Act and Regulatory Flexibility Act
Because these rule revisions relate solely to agency personnel,
procedure, or practice, publication for notice and comment is not
required under the Administrative Procedure Act. 5 U.S.C. 553(a)(2),
(b).
For this reason, the requirements of the Regulatory Flexibility Act
are also inapplicable. 5 U.S.C. 601(2), 604(a).
B. E.O. 14215, Ensuring Accountability for All Agencies; E.O. 12866,
Regulatory Planning and Review; E.O. 14192, Unleashing Prosperity
Through Deregulation
E.O. 12866 states that agencies should assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, and distributive impacts). E.O. 14215 requires all executive
branch departments and agencies, including independent agencies, to
submit all their proposed and final significant regulatory actions to
the Office of Budget and Management (OMB) for review. OMB determined
that this final rule is not a significant regulatory action under E.O.
12866.
Executive Order 14192 requires that any new incremental costs
associated with certain significant regulatory actions ``shall, to the
extent permitted by law, be offset by the elimination of existing costs
associated with at least 10 prior regulations.'' Because this final
rule is not a significant regulatory action under E.O. 12866, E.O.
14192's offset requirement does not apply.
C. Congressional Review Act
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).
[[Page 60517]]
List of Subjects
16 CFR Part 0
Organization and functions.
16 CFR Part 1
Administrative practice and procedure, Reporting and recordkeeping
requirements.
16 CFR Part 2
Administrative practice and procedure, Investigations.
16 CFR Part 3
Administrative practice and procedure.
16 CFR Part 4
Administrative practice and procedure.
For the reasons set forth in the preamble, the Federal Trade
Commission amends chapter I of title 16 of the Code of Federal
Regulations as follows:
PART 0--ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. 46(g).
0
2. In Sec. 0.8, revise the section heading, introductory text, and
paragraph (c) to read as follows:
Sec. 0.8 The Chairman.
The Chairman of the Commission is designated by the President, and,
subject to the general policies of the Commission, is the executive and
administrative head of the agency. The Chairman presides at meetings of
and hearings before the Commission and participates with other
Commissioners in all Commission decisions. In rulemaking proceedings
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)), the Chairman serves as or may designate another
Commissioner to serve as the Chief Presiding Officer or may appoint
another person to serve as Chief Presiding Officer who is not
responsible to any other official or employee of the Commission.
Attached to the Office of the Chairman, and reporting directly to the
Chairman, and through the Chairman to the Commission, are the following
staff units:
* * * * *
(c) The Office of Equal Employment Opportunity, which advises and
assists the Chairman and the organizational units in EEO issues;
* * * * *
0
3. In Sec. 0.19, revise paragraphs (a) and (c) to read as follows:
Sec. 0.19 The Regional Offices.
(a) These offices are investigatory and enforcement arms of the
Commission, and have responsibility for investigational, trial,
compliance, and consumer educational activities as delegated by the
Commission. They are under the general supervision of the Bureau of
Consumer Protection.
* * * * *
(c) Each of the regional offices is supervised by a Regional
Director, who is available for conferences with attorneys, consumers,
and other members of the public on matters relating to the Commission's
activities.
PART 1--GENERAL PROCEDURES
0
4. 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
5. In Sec. 1.101, amend the table in paragraph (b) by:
0
a. Removing the entry for ``0132''; and
0
b. Adding in numerical order entries for ``0169'', ``0171'', ``0174'',
and ``0176''.
The additions read as follows:
Sec. 1.101 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
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16 CFR part where the
information collection
Current OMB control number (all requirement is located (or
numbers begin with 3084-) alternate part(s) if issued by
another agency, co-enforced by
the Federal Trade Commission)
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* * * * *
0169................................... 1, 4, and 6.
0171................................... 314.
0174................................... 456.
0176................................... 464.
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PART 2--NONADJUDICATIVE PROCEDURES
0
6. The authority citation for part 2 continues to read as follows:
Authority: 15 U.S.C. 46.
0
7. In Sec. 2.20, revise paragraph (b)(3) to read as follows:
Sec. 2.20 Petitions for review of requests for additional information
or documentary material.
* * * * *
(b) * * *
(3) Modification of requests. The authorized representative may
modify the request for additional information or documentary material,
or recommend such modification to the responsible Assistant Director of
the Bureau of Competition. In determining whether to modify the request
or recommend a modification, the authorized representative may consider
all relevant factors, including timing agreement negotiations, the
competitive issues involved, the manner in which information and
documents are maintained by the recipient, the type of information
available to the recipient, the relative burdens to the recipient(s) of
producing the requested information, and whether a less burdensome
request would be consistent with the needs of the investigation. A
request for additional information or documentary material may be
modified only in writing signed by the authorized representative.
* * * * *
PART 3--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS
0
8. The authority citation for part 3 continues to read as follows:
Authority: 15 U.S.C. 46.
0
9. In Sec. 3.42, revise paragraph (b) to read as follows:
Sec. 3.42 Presiding officials.
* * * * *
(b) How assigned. The presiding Administrative Law Judge will be
designated by the Chief Administrative Law Judge or, when the
Commission or one or more of its members preside, by the Commission,
who will notify the parties of the Administrative Law Judge designated.
Designations by the Chief Administrative Law Judge will be made by
rotation so far as practicable, and the Chief Administrative Law Judge
may depart from the rotation only as needed to ensure the just and
expeditious disposition of proceedings.
* * * * *
[[Page 60518]]
0
10. In Sec. 3.52, add paragraph (c)(2) to read as follows:
Sec. 3.52 Exceptions to recommended decision.
* * * * *
(c) * * *
(2) The opening brief shall not, without leave of the Commission,
exceed 14,000 words.
* * * * *
PART 4--MISCELLANEOUS RULES
0
11. The authority citation for part 4 continues to read as follows:
Authority: 15 U.S.C. 46.
0
12. In Sec. 4.9, revise paragraph (b)(5)(ii) to read as follows:
Sec. 4.9 The public record.
* * * * *
(b) * * *
(5) * * *
(ii) Initial decisions and recommended decisions of administrative
law judges;
* * * * *
0
13. In Sec. 4.11, revise paragraph (a)(1)(i)(A) to read as follows:
Sec. 4.11 Disclosure requests.
(a) * * *
(1) * * *
(i) * * *
(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 the
online FOIA portal located on the FTC's FOIA website, found at
<a href="http://www.ftc.gov">www.ftc.gov</a>; by the National FOIA Portal, found at <a href="http://www.foia.gov">www.foia.gov</a>; or 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.
* * * * *
0
14. In Sec. 4.14, revise paragraph (b) to read as follows:
Sec. 4.14 Conduct of business.
* * * * *
(b) A majority of the Commissioners available to participate in a
matter constitutes a quorum for the transaction of business in that
matter. For purposes of this paragraph, any Commissioner in office and
not recused from participating in a matter (by virtue of 18 U.S.C. 208
or otherwise) is considered available to participate in that matter,
and a majority is calculated as follows:
(1) If the number of Commissioners available to participate is five
or four, then a majority consists of three Commissioners;
(2) If the number of Commissioners available to participate is
three or two, then a majority consists of two Commissioners; and
(3) If the number of Commissioners available to participate is one,
then a majority consists of one Commissioner.
* * * * *
0
15. In Sec. 4.17, revise paragraph (b)(3) to read as follows:
Sec. 4.17 Disqualification of Commissioners.
* * * * *
(b) * * *
(3)(i) Such motion will be addressed in the first instance by the
Commissioner whose disqualification is sought. The Commissioner must
inform agency ethics officials of the motion.
(ii) In the event such Commissioner declines to recuse himself or
herself from further participation in the proceeding, he or she must
issue a written statement explaining the reasons for this decision and
provide it to the other Commissioners. The Commission will then
determine the motion without the participation of such Commissioner,
and must issue an order ruling on the motion that sets forth the
Commission's reasons for its decision. Both the Commissioner statement
and Commission order will be made part of the public record, consistent
with Sec. 4.9.
* * * * *
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2026-19597 Filed 9-23-26; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on September 24, 2026.
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