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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 1.18: Rulemaking Record Consistent with Section 18 of the FTC
Act, the amended rules continue to provide that communications about the merits of a rulemaking to a Commissioner or Commissioners advisor will be placed on the rulemaking record. The Commission is revising 1.18 to remove unnecessary language distinguishing between oral communications received during the comment period and those received following the close of the comment period on a proposed rule. The amendments require that a Commissioners advisor will ensure that any oral communications to a Commissioner or Commissioners advisor during a rulemaking proceeding will be placed on the rulemaking record through either a transcript of the communication or a memorandum that summarizes the meeting, including a list of all persons attending and a summary of all data and arguments presented. In addition, the amendments clarify the treatment of written communications to a Commissioner or their staff during the rulemaking proceeding. The amended rules provide that written communications received during a time period designated for acceptance of written comments or submissions will be placed on the rulemaking record, while written communications received outside these designated periods will be placed on the public record unless the Commission votes to place them on the rulemaking record. The amendments also provide that communications from Members of Congress will be placed on the rulemaking record if received during the time period for comments and on the public record if received following the time period for public comment.
III. Global Revisions
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The Commission is also making various changes throughout parts 0 and 1 to:
Reflect that Commission rulemaking notices in proceedings under Section 18a1B of the FTC Act must be submitted to the Committee on Energy and Commerce of the House of Representatives;
Make the rule language more gender-neutral; 1
1 In particular, the Commission is revising the rules to eliminate the use of he, him, or his as default pronouns. This change conforms with the recommendations of numerous style manuals. See, e.g., Lauren Easton, Making a Case for a Singular They, The Definitive Source Mar. 24, 2017, https blog.ap.org/products-and-services/makinga-case-for-a-singular-they discussing the following addition to the AP Stylebook: They/them/their is acceptable in limited cases as a singular and-or gender-neutral pronoun, when alternative wording
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Use active voice instead of passive voice;
Replace ambiguous uses of shall with may, will, or must as appropriate;
Make nonsubstantive grammatical changes; and Add and standardize citations to the U.S. Code where appropriate.
IV. Procedural Requirements The Commission has determined that this rule is exempt from the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C.
553b, 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. 553d.
Therefore, this final rule is effective upon publication in the Federal Register. The requirements of the Regulatory Flexibility Act also do not apply.2 Further, this rule does not contain any information collection requirements as defined by the Paperwork Reduction Act of 1995 as amended. 44 U.S.C. 3501 et seq.
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. 8042.
List of Subjects in 16 CFR Part 1
Administrative practice and procedure.
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 0ORGANIZATION
1. The authority for Part 0 continues to read as follows:

Authority: 5 U.S.C. 552a1; 15 U.S.C.
46g.
is overly awkward or clumsy.; Chicago Style for the Singular They Apr. 3, 2017, http
cmosshoptalk.com/2017/04/03/chicago-style-forthe-singular-they/ noting that the seventeenth edition of the Chicago Manual of Style does not prohibit the use of singular they as a substitute for the generic he in formal writing, but recommends avoiding it and offers various other ways to achieve bias-free language; Bill Walsh, The Post Drops the Mikeand the Hyphen in Email, Wash. Post Dec. 4, 2015, https www.washingtonpost.com/
opinions/the-post-drops-the-mike-and-the-hyphenin-email/2015/12/04/ccd6e33a-98fa-11e5-8917653b65c809eb_story.html noting that the Washington Post stylebook advises trying to write around the problem, perhaps by changing singulars to plurals, before using the singular they as a last resort.
2 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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0.1

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Amended
2. In 0.1, remove the word which wherever it appears and add, in its place, the word that.
3. Amend 0.2 by revising the first sentence to read as follows:

0.2

Official address.

The principal office of the Commission is in Washington, DC.
4. Revise 0.3 to read as follows:
0.3

Hours.

Principal and regional offices are open from 8:30 a.m. to 5 p.m., except on Saturdays, Sundays, and legal holidays.
5. Revise 0.4 to read as follows:
0.4

Laws administered.

The Commission exercises enforcement and administrative authority under the Federal Trade Commission Act 15 U.S.C. 4158, Clayton Act 15 U.S.C. 1227, and more than 70 other Federal statutes, which are listed at https www.ftc.gov/
enforcement/statutes.
6. Revise 0.5 to read as follows:
0.5

Laws authorizing monetary claims.

a The Commission is authorized to entertain monetary claims against it under three statutes.
1 The Federal Tort Claims Act 28
U.S.C. 26712680 provides that the United States will be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful acts or omissions of its employees acting within the scope of their employment or office.
2 The Military Personnel and Civilian Employees Claims Act of 1964
31 U.S.C. 3701, 3721 authorizes the Commission to compensate employees claims for damage to or loss of personal property incident to their service.
3 The Equal Access to Justice Act 5
U.S.C. 504 and 28 U.S.C. 2412 provides that an eligible prevailing party other than the United States will be awarded fees and expenses incurred in connection with any adversary adjudicative and court proceeding, unless the adjudicative officer finds that the agency was substantially justified or that special circumstances make an award unjust.
b In addition, eligible parties, including certain small businesses, will be awarded fees and expenses incurred in defending against an agency demand that is substantially in excess of the final decision of the adjudicative officer and is unreasonable when compared with such decision under the facts and circumstances of the case, unless the
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