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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives.
d The Commission may, in addition to publication of the advance notice, use such additional mechanisms as it considers useful to obtain suggestions regarding the content of the area of inquiry before publication of a notice of proposed rulemaking pursuant to 1.11.
25. Revise 1.11 to read as follows:

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1.11 Commencement of a rulemaking proceeding.

a Notice of proposed rulemaking. A
trade regulation rule proceeding will commence with a notice of proposed rulemaking NPRM. An NPRM will be published in the Federal Register not sooner than 30 days after it has been submitted to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives.
b Contents of NPRM. The NPRM will include:
1 A statement containing, with particularity, the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate;
2 Reference to the legal authority under which the rule is proposed;
3 A statement describing the reason for the proposed rule;
4 An invitation to comment on the proposed rule, as provided in paragraph d of this section;
5 A list of disputed issues of material fact designated by the Commission as necessary to be resolved, if any;
6 An explanation of the opportunity for an informal hearing and instructions for submissions relating to such a hearing, as provided in paragraph e of this section; and 7 A statement of the manner in which the public may obtain copies of the preliminary regulatory analysis, if that analysis is not in the notice.
c Preliminary regulatory analysis.
Except as otherwise provided by statute, the Commission must, when commencing a rulemaking proceeding, issue a preliminary regulatory analysis, which must contain:
1 A concise statement of the need for, and the objectives of, the proposed rule;
2 A description of any reasonable alternatives to the proposed rule which may accomplish the stated objective of the rule in a manner consistent with applicable law;
3 For the proposed rule, and for each of the alternatives described in the
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analysis, a preliminary analysis of the projected benefits and any adverse economic effects and any other effects, and of the effectiveness of the proposed rule and each alternative in meeting the stated objectives of the proposed rule;
and 4 The information required by the Regulatory Flexibility Act, 5 U.S.C. 601
612, and the Paperwork Reduction Act, 44 U.S.C. 35013520, if applicable.
d Written comments. The Commission will accept written submissions of data, views, and arguments on all issues of fact, law, and policy. The Commission may in its discretion provide for a separate rebuttal period following the comment period.
The subject matter of any rebuttal comments must be confined to subjects and issues identified by the Commission in its notice or by other interested persons in comments and must not introduce new issues into the record.
The NPRM will establish deadlines for filing written comments and for filing rebuttal comments on the proposed rule.
e Opportunity for hearing. The Commission will provide an opportunity for an informal hearing if an interested person requests to present their position orally or if the Commission in its discretion elects to hold an informal hearing. Any such request regarding an informal hearing must be submitted to the Commission no later than the close of the written comment period, including a rebuttal period, if any, and must include:
1 A request to make an oral submission, if desired;
2 A statement identifying the interested persons interests in the proceeding; and 3 Any proposals to add disputed issues of material fact beyond those identified in the notice.
26. Revise 1.12 to read as follows:
1.12 Notice of Informal Hearing and Designations.

a Initial notice of informal hearing.
If an informal hearing has been requested under 1.11e, a notice of informal hearing will be published in the Federal Register. The initial notice of informal hearing will include:
1 The designation of a presiding officer, pursuant to 1.13a1;
2 The time and place of the informal hearing;
3 A final list of disputed issues of material fact necessary to be resolved during the hearing, if any;
4 A list of the interested persons who will make oral presentations;
5 A list of the groups of interested persons determined by the Commission
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to have the same or similar interests in the proceeding;
6 An invitation to interested persons to submit requests to conduct or have conducted cross-examination or to present rebuttal submissions, pursuant to 1.13b2, if desired; and 7 Any other procedural rules necessary to promote the efficient and timely determination of the disputed issues to be resolved during the hearing.
b Requests to conduct crossexamination or present rebuttal submissions. Cross-examination and rebuttal submissions at an informal hearing are available only to address disputed issues of material fact necessary to be resolved. Requests for an opportunity to cross-examine or to present rebuttal submissions must be accompanied by a specific justification therefor. In determining whether to grant such requests, the presence of the following circumstances indicate that such requests should be granted:
1 An issue for cross-examination or the presentation of rebuttal submissions, is an issue of specific fact in contrast to legislative fact;
2 A full and true disclosure with respect to the issue can be achieved only through cross-examination rather than through rebuttal submissions or the presentation of additional oral submissions; and 3 The particular cross-examination or rebuttal submission is required for the resolution of a disputed issue.
c Final notice of informal hearing.
Based on requests submitted in response to the initial notice of public hearing, the Commission will publish a final notice of informal hearing in the Federal Register. The final notice of public hearing will include:
1 A list of the interested persons who will conduct cross-examination regarding disputed issues of material fact;
2 A list of any groups of interested persons with the same or similar interests in the proceeding who will be required to choose a single representative to conduct crossexamination on behalf of the group, as provided in paragraph d of this section; and 3 A list of the interested persons who will be permitted to make rebuttal submissions regarding disputed issues of material fact.
d Designation of group representatives for cross-examination.
After consideration of any submissions under 1.11e, the Commission will, if appropriate, identify groups of interested persons with the same or similar interests in the proceeding. The Commission may require any group of
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