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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
officer. 1 Within ten days of the completion of the informal hearing, any interested person may petition the Commission for review of a ruling by the presiding officer denying or limiting the petitioners ability to conduct crossexamination or make rebuttal submissions upon a showing that the ruling precluded disclosure of a disputed material fact that was necessary for fair determination by the Commission of the rulemaking proceeding as a whole. Such petitions must not exceed eight thousand words.
This word count limitation includes headings, footnotes, and quotations, but does not include the cover, table of contents, table of citations or authorities, glossaries, statements with respect to oral argument, any addendums containing statutes, rules or regulations, any certificates of counsel, or proposed form of order. A petition hereunder will not stay the rulemaking proceeding unless the Commission so orders. All petitions filed under this paragraph will be a part of the rulemaking record.
2 The Commission may, in its discretion, hear the appeal. Commission review, if granted, will be based on the petition and anything on the rulemaking record, without oral argument or further briefs, unless otherwise ordered by the Commission. If the Commission grants review, it will render a decision within thirty days of the announcement of its decision to review unless, upon a showing of good cause, the Commission extends the number of days for review.
28. Revise 1.14 to read as follows:

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1.14

Promulgation.

a The Commission, after review of the rulemaking record, may issue, modify, or decline to issue any rule. If the Commission wants further information or additional views of interested persons, it may withhold final action pending the receipt of such additional information or views. If it determines not to issue a rule, it may adopt and publish an explanation for not doing so.
1 Statement of basis and purpose. If the Commission determines to promulgate a rule, it will adopt a statement of basis and purpose to accompany the rule, which must include:
i A statement regarding the prevalence of the acts or practices treated by the rule;
ii A statement as to the manner and context in which such acts or practices are unfair or deceptive; and iii A statement as to the economic effect of the rule, taking into account the
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effect on small businesses and consumers.
2 Final regulatory analysis. Except as otherwise provided by statute, if the Commission determines to promulgate a final rule, it will issue a final regulatory analysis relating to the final rule. Each final regulatory analysis must contain:
i A concise statement of the need for, and the objectives of, the final rule;
ii A description of any alternatives to the final rule that were considered by the Commission;
iii An analysis of the projected benefits and any adverse economic effects and any other effects of the final rule;
iv An explanation of the reasons for the determination of the Commission that the final rule will attain its objectives in a manner consistent with applicable law and the reasons the particular alternative was chosen;
v A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues; and vi 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.
3 Small entity compliance guide. For each rule for which the Commission must prepare a final regulatory flexibility analysis, the Commission will publish one or more guides to assist small entities in complying with the rule. Such guides will be designated as small entity compliance guides.
b If the Commission determines, upon its review of the rulemaking record, to propose a revised rule for further proceedings in accordance with this subpart, such proceedings, including the opportunity of interested persons to avail themselves of the procedures of 1.13b2, will be limited to those portions of the revised rule, the subjects and issues of which were not substantially the subject of comment in response to a previous notice of proposed rulemaking.
c The final rule will be published in the Federal Register and will include the Statement of Basis and Purpose for the rule or provide an explanation of the manner in which the public may obtain copies of that document.
29. Revise 1.16 to read as follows:
1.16 Petition for exemption from trade regulation rule.

Any person to whom a rule would otherwise apply may petition the Commission for an exemption from such rule. The procedures for
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determining such a petition will be those of subpart C of this part.
30. Revise 1.18 to read as follows:
1.18

Rulemaking record.

a Definition. For purposes of these rules the term rulemaking record includes the final rule, its statement of basis and purpose, the verbatim transcripts of the informal hearing, if any, written submissions, the recommended decision of the presiding officer, any communications placed on the rulemaking record pursuant to 1.18c, and any other information the Commission considers relevant to the rule.
b Public availability. The rulemaking record will be publicly available except when the Commission, for good cause shown, determines that it is in the public interest to allow any submission to be received in camera subject to the provisions of 4.9 of this chapter.
c Communications to Commissioners and Commissioners personal staffs1 Communications by outside parties. Except as otherwise provided in this subpart or by the Commission, after the Commission votes to issue a notice of proposed rulemaking, comment on the proposed rule should be directed as provided in the notice. Communications with respect to the merits of that proceeding from any outside party to any Commissioner or Commissioners advisor will be subject to the following treatment:
i Written communications. Written communications, including written communications from members of Congress, received within the period for acceptance of initial or rebuttal written comments or other written submissions will be placed on the rulemaking record.
Written communications received outside of the time periods designated for acceptance of written comments or other written submissions will be placed on public record unless the Commission votes to place them on the rulemaking record.
ii Oral communications. Oral communications to a Commissioner or Commissioners advisor are permitted only when advance notice of such oral communications is published by the Commissions Office of Public Affairs in its Weekly Calendar and Notice of Sunshine Meetings. A
Commissioners advisor will ensure such oral communications are transcribed verbatim or summarized at the discretion of the Commissioner or Commissioners advisor to whom such oral communications are made and promptly placed on the rulemaking record. Memoranda summarizing such
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