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Financial Services Law Insights and Observations

FTC reveals rulemaking petition process

Agency Rule-Making & Guidance FTC Federal Register

Agency Rule-Making & Guidance

On September 15, the FTC announced significant changes in the agency’s rulemaking process that represent “a significant step to increase public participation and accountability around the work of the FTC.” According to the announcement, the Commission approved changes to the FTC’s “Rules of Practice,” which are “designed to make it easier for members of the public to petition the agency for new rules or changes to existing rules that are administered by the FTC.” The changes, which are a key part in the opening of the FTC’s regulatory processes to public input and scrutiny, is a departure from the previous practice where the Commission did not have an obligation to address petitions for agency action. The updates clarify the information that is required for petition submissions and notes the data that the Commission finds helpful in its review. In addition, the changes require that the Commission publish petitions for rulemaking in the Federal Register and solicit public comment for the same. Finally, under the new rules, the Commission must provide petitioners with a specific point of contact in the agency and must respond to petitioners to communicate its decision regarding the petition. The new changes will also apply to requests by certain parties for special exemption from FTC rules, as well as petitions related to industry guidance issued by the Commission.

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