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Federal Register / Vol. 64, No.

164 / Wednesday, August 25, 1999 / Rules and Regulations 46267

(Lat. 44° 52′ 29′′N., long. 93° 12′ 23′′W.) History PART 71—DESIGNATION OF CLASS A,
Minneapolis, Anoka County-Blaine Airport CLASS B, CLASS C, CLASS D, AND
(Janes Field), MN On Monday, May 17, 1999, the FAA
proposed to amend 14 CFR part 71 to CLASS E AIRSPACE AREAS;
(Lat. 45° 08′ 42′′N., long. 93° 12′ 41′′W.)
St. Paul, Lake Elmo Airport, MN modify Class E airspace at Sheridan, IN AIRWAYS; ROUTES; AND REPORTING
(Lat. 44° 59′ 51′′N., long. 92° 51′ 20′′W.) (64 FR 26712). The proposal was to add POINTS
Minneapolis, Airlake Airport, MN controlled airspace extending upward
(Lat. 44° 37′ 40′′N., long. 93° 13′ 41′′W.) from 700 to 1200 feet AGL to contain 1. The authority citation for part 71
Farmington VOTAC Instrument Flight Rules (IFR) operations continues to read as follows:
(Lat. 44° 37′ 51′′N., long. 93° 10′ 55′′W.)
in controlled airspace during portions of Authority: 49 U.S.C. 106(g), 40103, 40113,
That airspace extending upward from 700
feet above the surface within a 20.0-mile the terminal operation and while 40120; E.O. 10854, 24 FR 95665, 3 CFR,
radius of the Minneapolis-St. Paul transiting between the enroute and 1959–1963 Comp., p. 389.
International Airport (Wold-Chamberlain) terminal environments.
§ 71.1 [Amended]
Airport DME antenna, and within a 6.5-mile Interested parties were invited to
radius of the Anoka County-Blaine Airport participate in this rulemaking 2. The incorporation by reference in
(Janes Field), and within a 6.3-mile radius of proceeding by submitting written 14 CFR 71.1 of the Federal Aviation
Lake Elmo Airport, and within a 6.4-mile comments on the proposal to the FAA. Administration Order 7400.9F, Airspace
radius of the Airlake Airport and within 3.3 No comments objecting to the proposal Designations and Reporting Points,
miles each side of the 084° bearing from the
were received. Class E airspace dated September 10, 1998, and effective
Farmington VORTAC extending from the 6.4-
mile radius to 14.8 miles east of the Airlake designations for airspace area extending September 16, 1998, is amended as
Airport. upward from 700 feet or more above the follows:
surface of the earth are published in * * * * *
* * * * *
Issued in Des Plaines, Illinois on August 9, paragraph 6005 of FAA Order 7400.9F
dated September 10, 1998, and effective Paragraph 6005 Class E airspace areas
September 16, 1998, which is extending upward from 700 feet or more
Christopher R. Blum, above the surface of the earth.
incorporated by reference in 14 CFR
Manager, Air Traffic Division.
71.1. The Class E airspace designation * * * * *
[FR Doc. 99–22066 Filed 8–24–99; 8:45 am]
listed in this document will be AGL IN E5 Sheridan, IN [Revised]
published subsequently in the Order.
Sheridan Airport, IN
The Rule (Lat. 40°10′41′′N., long. 86°13′02′′W.)
DEPARTMENT OF TRANSPORTATION The amendment to 14 CFR part 71 That airspace extending upward from 700
modifies Class E airspace at Sheridan, feet above the surface within a 6.7-mile
Federal Aviation Administration radius of the Sheridan Airport, excluding
IN, to accommodate aircraft executing
14 CFR Part 71 the proposed GPS Rwy 05 SIAP, and the that airspace within the Indianapolis Terry
GPS Rwy 23 SIAP, at Sheridan Airport Airport, IN, Class E airspace area.

[Airspace Docket No. 99–AGL–31]

by modifying the existing controlled * * * * *
airspace. The area will be depicted on Issued in Des Plaines, Illinois on August 9,
Modification of Class E Airspace; appropriate aeronautical charts. 1999.
Sheridan, IN The FAA has determined that this Christopher R. Blum,
regulation only involves an established Manager, Air Traffic Division.
AGENCY:Federal Aviation body of technical regulations for which [FR Doc. 99–22067 Filed 8–24–99; 8:45 am]
Administration (FAA), DOT. frequent and routine amendments are
necessary to keep them operationally
ACTION: Final rule.
current. Therefore, this regulation—(1)
is not a ‘‘significant regulatory action’’
SUMMARY: This action modifies Class E
under Executive Order 12866; (2) is not
airspace at Sheridan, IN. A Global FEDERAL TRADE COMMISSION
a ‘‘significant rule’’ under DOT
Positioning System (GPS) Standard
Regulatory Policies and Procedures (44 16 CFR Parts 2, 3 and 4
Instrument Approach Procedure (SIAP)
FR 11034; February 26, 1979); and (3)
to Runway (Rwy) 05, and a GPS SIAP
does not warrant preparation of a Rules of Practice Amendments
to Rwy 23, have been developed for
Regulatory Evaluation as the anticipated
Sheridan Airport. Controlled airspace
impact is so minimal. Since this is a AGENCY: Federal Trade Commission
extending upward from 700 to 1200 feet
routine matter that will only affect air (FTC).
above ground level (AGL) is needed to
traffic procedures and air navigation, it
contain aircraft executing the Final rules with request for
is certified that this rule will not have
approaches. This action increases the comments.
a significant economic impact on a
radius of the existing controlled
substantial number of small entities
airspace for this airport. SUMMARY: To streamline the process of
under the criteria of the Regulatory
EFFECTIVE DATE: 0901 UTC, September 9, Flexibility Act. providing effective relief where parties
1999. consent to the entry of a cease and
List of Subjects in 14 CFR Part 71 desist order, the FTC is amending its
Airspace, Incorporation by reference, Rules of Practice to shorten the period
Annette Davis, Air Traffic Division, for public comment on consent
Navigation (air).
Airspace Branch, AGL–520, Federal settlements from 60 days to 30 days.
Aviation Administration, 2300 East Adoption of the Amendment The amended rules also provide for
Devon Avenue, Des Plaines, Illinois In consideration of the foregoing, the more effective interim relief in cases
60018, telephone (847) 294–7568. Federal Aviation Administration involving mergers or acquisitions, by
SUPPLEMENTARY INFORMATION: amends 14 CFR part 71 as follows: providing that hold-separate or asset-
46268 Federal Register / Vol. 64, No. 164 / Wednesday, August 25, 1999 / Rules and Regulations

maintenance orders will be made sufficient to allow thoughtful public Although the revisions are effective as
immediately effective when the comment. The Commission may stated in the previous section, the
Commission accepts the consent lengthen or shorten the 30-day comment Commission welcomes comment on
agreement or settlement proposal for period in the public interest. The them and will consider further revision
public comment. Commission also retains discretion to as appropriate.
DATES: These rule amendments are make an order final after acceptance but
List of Subjects
effective on August 25, 1999. before the comment period starts but it
Agreements that have been executed by contemplates doing so only in 16 CFR Part 2
any or all respondents before the exceptional cases where, for example, it Administrative practice and
effective date will not be affected by believes that the allegedly unlawful procedure, Consent agreements,
these amendments without the consent conduct to be prohibited threatens Investigations.
of the parties. substantial and imminent public harm.
Comments must be received on or If, in such cases, the Commission, after 16 CFR Part 3
before September 24, 1999. the comment period, believes that Administrative practice and
ADDRESSES: Written comment on these modifications to the order would be procedure, Consent agreements.
rule revisions must be submitted in 20 appropriate, it will (absent agreement by
respondents to the modifications) 16 CFR Part 4
copies to the Office of the Secretary,
Room 159, Federal Trade Commission, initiate a proceeding to reopen and Administrative practice and
600 Pennsylvania Avenue, NW, modify the order pursuant to Rule procedure, Public record.
Washington, DC 20580. Individuals 3.72(b) or issue a new administrative For the reasons set forth in the
filing comments need not submit complaint to commence a new preamble, the Federal Trade
multiple copies. administrative proceeding in Commission amends title 16, chapter I,
FOR FURTHER INFORMATION CONTACT: accordance with Rule 3.11. subchapter A, of the Code of Federal
Christian S. White, Assistant General With regard to competition cases Regulations as follows:
Counsel for Legal Counsel, (202) 326– involving planned mergers and
acquisitions, when staff negotiates a PART 2—NONADJUDICATIVE
2476, Office of the General Counsel,
hold-separate or asset-maintenance PROCEDURES
FTC, 600 Pennsylvania Avenue, NW,
agreement, the Commission will issue
Washington, DC 20580. 1. Revise the authority citation for
the agreement as an immediately
effective order when it accepts the
Commission considers it important to consent agreement for comment. Authority: 15 U.S.C. 46.
solicit public comment on consent Although it is the Commission’s view
agreements. Nonetheless, the current that hold-separate agreements, as Subpart C—Consent Order Procedure
comment period of 60 days unduly currently structured, are immediately 2. Revise § 2.32 to read as follows:
delays implementation of consent enforceable, treating such agreements as
orders and the benefits to the public of final Commission orders will make clear § 2.32 Agreement.
addressing the conduct alleged to be that violations are punishable by civil Every agreement in settlement of a
unlawful in the Commission’s penalties.2 Commission complaint shall contain, in
complaint. Neither the Administrative These changes require amending addition to an appropriate proposed
Procedure Act, 5 U.S.C. 551, nor the Rules 2.32, 2.34 and 3.25. Technical order, either an admission of the
FTC Act, 15 U.S.C. 41–58, requires conforming changes also are being made proposed findings of fact and
agencies to offer a public comment to Rule 4.9 respecting the Commission’s conclusions of law submitted
period on administrative settlements.1 public record. The Commission believes simultaneously by the Commission’s
Accordingly, the Commission has these amendments will improve the staff or an admission of all jurisdictional
decided to shorten the comment period protection of consumers and facts and an express waiver of the
to 30 days, as it was before 1974. The competition by accelerating the requirement that the Commission’s
30-day comment period will begin on effectiveness of Commission consent decision contain a statement of findings
the date the Commission issues a press orders and by increasing incentives to of fact and conclusions of law. Every
release announcing that the Commission preserve the status quo pending final agreement also shall waive further
has accepted the agreement and placed resolution of planned and allegedly procedural steps and all rights to seek
it on the public record for comment. anticompetitive mergers and judicial review or otherwise to
Press releases are ordinarily posted on acquisitions. challenge or contest the validity of the
the Commission’s Web site the day they These rule revisions relate solely to order. In addition, where appropriate,
are released. The Commission believes agency practice and, therefore, are not every agreement in settlement of a
that the shorter period generally will be subject to the notice and comment Commission complaint challenging the
requirements of the Administrative lawfulness of a proposed merger or
1 Although public comment periods on consent
Procedure Act, 5 U.S.C. 553(a)(2), or to acquisition shall also contain a hold-
agreements are not required, the Commission has
followed this practice for many years. The the requirements of the Regulatory separate or asset-maintenance order.
Commission’s procedure for considering Flexibility Act, 5 U.S.C. 601(2). The The agreement may state that the
administrative consent orders has existed in one revisions do not involve the collection signing thereof is for settlement
form or another since at least 1939. The procedure of information subject to the Paperwork purposes only and does not constitute
did not include a public comment period until
1967, when the Commission promulgated Rule Reduction Act, 44 U.S.C. Chapter 35. an admission by any party that the law
2.34, providing for a comment period of 30 days. has been violated as alleged in the
32 FR 8448–49 (June 13, 1967). In 1974, the 2 The amendment to § 2.34 specifies that any complaint. Every agreement shall
Commission extended the comment period from 30 hold-separate or asset-maintenance orders will be provide that:
to 60 days. The Commission added a companion accompanied by an administrative complaint, but (a) The complaint may be used in
provision, Rule 3.25, in 1975 to establish an that the complaint will neither initiate an
identical comment procedure for consent adjudicatory proceeding nor trigger the application construing the terms of the order;
agreements in Part 3 matters. 40 FR 15235–36 (April of the prohibitions on ex parte communications in (b) No agreement, understanding,
4, 1975). § 4.7. representation, or interpretation not
Federal Register / Vol. 64, No. 164 / Wednesday, August 25, 1999 / Rules and Regulations 46269

contained in the order or the contained in a consent agreement, in § 2.34, the Commission decides, based
aforementioned agreement may be used appropriate cases before seeking public on comments received or otherwise, to
to vary or to contradict the terms of the comment. Unless directed otherwise by withdraw its acceptance of such an
order; the Commission, such Decision and agreement, it will so notify the parties
(c) The order will have the same force Order will be final upon service. and will return to adjudication any
and effect and may be altered, modified (d) Comment on initial compliance portions of the matter previously
or set aside in the same manner report. If respondents have filed an withdrawn from adjudication for further
provided by statute for Commission initial report of compliance pursuant to proceedings or take such other action it
orders issued on a litigated or stipulated § 2.33, the Commission will place that considers appropriate.
record; report on the public record, except for * * * * *
(d) Except as provided by order of the portions, if any, granted confidential
Commission, any order issued pursuant treatment pursuant to § 4.9(c) of this PART 4—MISCELLANEOUS RULES
to the agreement will become final upon chapter, with the complaint, the order,
service; and the consent agreement. 6. Revise the authority citation for
(e) The agreement will not become a (e) Action following comment period. part 4 to read as follows:
part of the public record unless and (1) Following the comment period, on Authority: 15 U.S.C. 46, unless otherwise
until it is accepted by the Commission; the basis of comments received or noted.
and otherwise, the Commission may either 7. Amend § 4.9 by revising paragraph
(f) If the Commission accepts the withdraw its acceptance of the (b)(6) to read as follows:
agreement, further proceedings will be agreement and so notify respondents, in
governed by § 2.34. which event it will take such other § 4.9 The public record.
3. Revise § 2.34 to read as follows: action as it may consider appropriate, or * * * * *
§ 2.34 Disposition. issue and serve its complaint in such (b) * * *
form as the circumstances may require (6) Consent Agreements (16 CFR 2.31
(a) Acceptance of proposed consent
and its decision in disposition of the through 2.34, 3.25). (i) Agreements
agreement. The Commission may accept
proceeding. containing orders, after acceptance by
or refuse to accept a proposed consent (2) The Commission, following the
agreement. Except as otherwise the Commission pursuant to §§ 2.34 and
comment period, may determine, on the 3.25(f) of this chapter;
provided in paragraph (c) of this basis of the comments or otherwise, that
section, acceptance does not constitute (ii) Comments and other materials
a Final Decision and Order that was filed or placed on the public record
final approval, but it serves as the basis issued in advance of the comment
for further actions leading to final under §§ 2.34 and 3.25(f) concerning
period should be modified. Absent proposed consent agreements and
disposition of the matter. agreement by respondents to the
(b) Effectiveness of hold-separate or related orders; and
modifications, the Commission may (iii) Decisions and orders issued and
asset-maintenance order. Following
initiate a proceeding to reopen and served under §§ 2.34 and 3.25(f),
acceptance of a consent agreement, the
modify the decision and order in including separate statements of
Commission will, if it deems a hold-
accordance with § 3.72(b) of this chapter Commissioners.
separate or asset-maintenance order
or commence a new administrative * * * * *
appropriate, issue a complaint and such
proceeding by issuing a complaint in By direction of the Commission.
an order as agreed to by the parties.
accordance with § 3.11 of this chapter.
Such order will be final upon service. Donald S. Clark,
The issuance of a complaint under this PART 3—RULES OF PRACTICE FOR Secretary.
paragraph will neither commence an ADJUDICATIVE PROCEEDINGS Statement of Commissioner Orson Swindle
adjudicatory proceeding subject to part Concerning Amendments to Commission
3 of this chapter nor subject the consent 4. Revise the authority citation for Rules 2.32, 2.34, 3.25, and 4.9
agreement proceeding to the part 3 to read as follows:
I have voted for the amendments to the
prohibitions specified in § 4.7 of this Authority: 15 U.S.C. 46, unless otherwise Commission’s Rules of Practice that would
chapter. noted. shorten the public comment period on
(c) Public comment. Promptly after its consent agreements and would make hold-
acceptance of the consent agreement, Subpart C—Prehearing Procedures; separate and asset-maintenance agreements
the Commission will place the order Motions; Interlocutory Appeals; immediately effective. In my judgment,
contained in the consent agreement, the Summary Decisions shortening the comment period to 30 days
complaint, and the consent agreement achieves a sensible balance between
5. Amend § 3.25 by revising paragraph forestalling violations of Commission orders
on the public record for a period of 30 (f) to read as follows:
days, or such other period as the and affording the public sufficient time to
§ 3.25 Consent agreement settlements. comment on Commission settlements. I also
Commission may specify, for the receipt see obvious benefits from issuing hold-
of comments or views from any * * * * * separate and asset-maintenance agreements
interested person. At the same time, the (f) After some or all of allegations in as immediately enforceable orders.
Commission will place on the public a matter have been withdrawn from Nevertheless, I would have preferred to
record an explanation of the provisions adjudication, the Commission may subject these rule revisions to advance public
of the order and the relief to be obtained accept the proposed consent agreement, comment, rather than—as the Commission
thereby and any other information that reject it and return the matter or affected has done—issuing them as final rules with a
it believes may help interested persons portions thereof to adjudication for request for comments after the fact. Whatever
understand the order. The Commission further proceedings or take such other my judgment (and that of my colleagues)
concerning whether the revisions are prudent
also will publish the explanation in the action as it may deem appropriate. If the and in the public interest, I would have
Federal Register. The Commission agreement is accepted, it will be thought we would also try to appraise the
retains the discretion to issue a disposed of as provided in § 2.34 of this judgment of the public—those for whom we
complaint and a Final Decision and chapter, except that if, following the in government work, and to whom we are
Order, incorporating the order public comment period provided for in ultimately accountable—before issuing a
46270 Federal Register / Vol. 64, No. 164 / Wednesday, August 25, 1999 / Rules and Regulations

final rule that halves the comment period on COMMODITY FUTURES TRADING B. 17 CFR 171.50
consent agreements.1 COMMISSION Commission rule 171.50 delegates
One might respond to my concern with the
certain authority to the Deputy General
argument that since the public comment 17 CFR Parts 9 and 171 Counsel for Opinions. As adopted, the
period itself is for the benefit of the
Review of Exchange disciplinary, rule authorizes the Deputy General
Commission and not of the public, any
Access Denial or Other Adverse Counsel for Opinions, or a person under
decision to shorten or eliminate the period
Actions; Review of NFA Decisions; his direction designated by him, to
should be in the hands of the sole beneficiary
Corrections perform specific procedural and
of the public comment mechanism—the
technical functions and, in his
Commission. To argue thus, however, would
AGENCY: Commodity Futures Trading discretion, to submit any matters
be to disregard a core element of our system
Commission. otherwise falling within the terms of
of government: the public’s stake in the
decisions reached by government agencies,
this rule to the Commission for its
ACTION: Final Rules; technical
and our responsibility to take the public’s
consideration. There is no longer a
corrections. Deputy General Counsel for Opinions.
views into account. Although I would not
Consequently, references in Rule 171.50
have voted to shorten the comment period to SUMMARY: On October 26, 1995, the
to ‘‘the Deputy General Counsel for
30 days if I believed that such an action Commodity Futures Trading
would nullify the public’s role, getting public Opinions’’ have been changed to ‘‘ the
Commission (‘‘Commission’’) published
comment beforehand on this very issue General Counsel.’’
in the Federal Register (60 FR 54801)
would have been valuable. final regulations amending its Rules C. Administrative Procedure Act
Instead, the Commission has decided to Relating to Review of Exchange The Commission has determined that
allow 30 days for public comment after these Disciplinary, Access Denial or Other the Administrative Procedure Act, 5
final rules have been published in the Adverse Actions (‘‘Rules’’), to reflect
Federal Register. I fear that this is not an
U.S.C. 553, does not require notice of
changes in office titles, personnel titles proposed rulemaking and an
adequate surrogate for the advance comment and address. The Commission has
that we should have solicited. Once
opportunity for public participation in
determined to make certain technical connection with these corrections. In
something such as an order or a rule revision corrections to the Rules to clarify its
is issued ‘‘in final,’’ it is often a fait accompli this regard, the Commission notes that
delegation of authority. such notice and opportunity for
that is unlikely to be undone even in the face
of inexorable logic.2 We should have invited In addition, the Commission has comment is unnecessary because these
public participation before taking these steps. determined to make a similar technical technical corrections are related solely
correction to its Rules relating to Review to agency organization, procedure and
[FR Doc. 99–22015 Filed 8–24–99; 8:45 am] of NFA Decisions, to clarify its practice and make technical corrections.
BILLING CODE 6750–01–P delegation of authority. Accordingly, the Commission finds
EFFECTIVE DATE: August 19, 1999. good cause to make these corrections
effective immediately upon publication
in the Federal Register. 5 U.S.C.
Susan Nathan, Assistant General 553(b)(B), 553(d)(3).
Counsel, Office of General Counsel, In consideration of the foregoing, and
1 The Administrative Procedure Act (‘‘APA’’) (202) 418–5120. pursuant to the authority contained in
generally requires that agencies engage in notice- SUPPLEMENTARY INFORMATION: The the Commodity Exchange Act and, in
and-comment procedures before issuing a final rule,
Commission recently has undertaken a particular, sections 2(a)(4) and 2(a)(11),
5 U.S.C. 553(c), but rules of agency procedure or
practice are exempt from this requirement. 5 U.S.C. reexamination of its part 9 and part 171 the Commission corrects Chapter I of
553(b)(A). Nevertheless, ‘‘[a]lthough the APA Rules and has identified those rules that title 17 of the Code of Federal
provides this exemption for rules of agency require amendment to effect technical or Regulations as follows:
procedure or practice, agency rulemakers should conforming changes.
consider providing notice and an opportunity for
List of Subjects in 17 CFR Parts 9 and
comment where possible if the rules will affect the I. Rules Being Amended 171
public.’’ Administrative Conference of the United Administrative practice and
States, A Guide to Federal Agency Rulemaking 51 The following Commission rules are
procedure, Commodity exchanges,
(2d ed. 1991) (emphasis added); see also American being amended.
Commodity futures.
Bar Ass’n, Government and Public Sector Lawyers
Division and Section of Administrative Law and
A. 17 CFR 9.9
Regulatory Practice, A Guide to Federal Agency
Commission Rule 9.9(b) delegates REVIEW OF EXCHANGE
Rulemaking 54–55 (3d ed. 1998). Although I do not
certain authority to the Deputy General DISCIPLINARY, ACCESS DENIAL OR
believe that the Commission must put every change
in its procedural rules out for public comment,
Counsel for Opinions and Review. As OTHER ADVERSE ACTIONS
doing so is warranted here because the proposed adopted, the rule authorizes the Deputy
change may significantly affect the public. General Counsel for Opinions and 1. The authority citation for part 9
2 The
Review, or a person under his direction continues to read as follows:
courts have recognized that seeking
comment after making a rule change is not usually designated by him, to handle particular Authority: 7 U.S.C. 4a, 6c, 7a, 12a, 16a.
a substitute for obtaining comment before such a procedural and technical matters and, in 2. Section 9.9 is amended by revising
change is made: ‘‘[A]n agency is not likely to be his discretion, to submit any matters paragraphs (b)(1) introductory text,
receptive to suggested changes once the agency otherwise falling within the terms of (b)(3) and (b)(4) to read as follows:
‘‘put[s] its credibility on the line in the form of this rule to the Commission for its
‘‘final’’ rules. People naturally tend to be more consideration. There is no longer a § 9.9 Waiver of rules; delegation of
close-minded and defensive once they have made authority.
Deputy General Counsel for Opinions
a ‘‘final’’ determination.’’’’ Air Transport Ass’n of
America v. Dept. of Transp., 900 F.2d 369, 379 (D.C. and Review. Consequently, references in * * * * *
Cir. 1990) (quoting National Tour Brokers Ass’n v. rule 9.9 to ‘‘the Deputy General Counsel (b) Delegation of authority. (1) The
United States, 591 F.2d 896, 902 (D.C. Cir. 1978)), for Opinions and Review’’ have been Commission hereby delegates, until the
cert. denied, 498 U.S. 1023 (1991). changed to ‘‘the General Counsel. Commission orders otherwise, to the