80_FR_26027 80 FR 25940 - Revisions to Rules of Practice

80 FR 25940 - Revisions to Rules of Practice

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 87 (May 6, 2015)

Page Range25940-25943
FR Document2015-10517

The Commission is revising certain of its rules of practice to accommodate changes to the Commission's electronic filing system, to eliminate outdated requirements, and to improve clarity.

Federal Register, Volume 80 Issue 87 (Wednesday, May 6, 2015)
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Rules and Regulations]
[Pages 25940-25943]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10517]



[[Page 25940]]

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FEDERAL TRADE COMMISSION

16 CFR Parts 3 and 4


Revisions to Rules of Practice

AGENCY: Federal Trade Commission.

ACTION: Final rules.

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SUMMARY: The Commission is revising certain of its rules of practice to 
accommodate changes to the Commission's electronic filing system, to 
eliminate outdated requirements, and to improve clarity.

DATES: Effective date: These rule revisions are effective on May 12, 
2015 and will govern all Commission adjudicatory proceedings that are 
commenced after that date. They will also govern all Commission 
adjudicatory proceedings that are pending on May 12, 2015, unless 
otherwise ordered by the Commission.

FOR FURTHER INFORMATION CONTACT: Josephine Liu, Attorney, (202) 326-
2170, Office of the General Counsel, Federal Trade Commission, 600 
Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The Federal Trade Commission is revising 
certain rules in parts 3 and 4 of its rules of practice to reflect new 
features in the Commission's electronic filing system, eliminate 
outdated requirements for the filing and service of documents, and 
clarify the applicability of the rules.
    Because these rule revisions relate solely to agency procedure and 
practice, publication for notice and comment is not required under the 
Administrative Procedure Act. 5 U.S.C. 553(b).\1\ These rule revisions 
are effective on May 12, 2015 and will govern all Commission 
adjudicatory proceedings that are commenced after that date. They will 
also govern all Commission adjudicatory proceedings that are pending on 
May 12, 2015, unless otherwise ordered by the Commission.
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    \1\ For this reason, the requirements of the Regulatory 
Flexibility Act are also inapplicable. 5 U.S.C. 601(2), 604(a). 
Likewise, the amendments do not modify any FTC collections of 
information within the meaning of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq.
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I. Revisions to Miscellaneous Rules (Part 4)

Rule 4.2: Requirements as to Form, and Filing of Documents Other Than 
Correspondence

    The Commission is amending Rule 4.2(c) to specify that documents 
filed before the Commission or an Administrative Law Judge in an 
adjudicative proceeding under part 3 of the Commission's rules may be 
filed in either of two ways: In hard copy, or through the Commission's 
electronic filing system.
    Part 3 documents filed in hard copy must include a paper original, 
one paper copy, and one electronic copy in Adobe portable document 
format or other format specified by the Secretary. The Commission is 
eliminating the requirement to provide 12 paper copies for filings 
before the Commission.
    Part 3 documents filed through the electronic filing system must 
comply with the Secretary's directions for using that system. 
Additional information about the electronic filing system is available 
at https://ftcefile.gov/HomePage.aspx. Documents labeled ``In Camera'' 
or ``Confidential'' may be filed through the electronic filing system, 
although--as discussed further below--they may not be served through 
that system. Because the electronic filing system is now configured to 
accept ``In Camera'' or ``Confidential'' documents, the Commission is 
deleting the existing requirement that ``In Camera'' or 
``Confidential'' documents be filed only in hard copy and be 
accompanied by an electronic copy on a CD or DVD.
    For other documents filed with the Commission that are governed by 
Rule 4.2(d)--including petitions to quash or limit compulsory process, 
reports of compliance, and requests to reopen--the Commission is 
eliminating the existing requirement to provide 12 paper copies and a 
CD or DVD containing an electronic copy of the document. Instead, such 
documents must include a paper original, one paper copy, and one 
electronic copy in Adobe portable document format, unless otherwise 
directed by the Secretary.
    In Rule 4.2(e), the Commission is deleting an outdated exception 
for briefs filed in support of appeals from initial decisions and an 
outdated cross-reference to formatting requirements for such briefs 
under Rule 3.52(e).
    In Rule 4.2(f), the Commission is adding an explanation of the 
acceptable signature methods for documents that are filed 
electronically.
    The Commission is also making other edits throughout Rule 4.2 so 
that the Rule's requirements are format-neutral.

Rule 4.3: Time

    The Commission is amending Rule 4.3(c) so that, if a document is 
served electronically, there will be a 1-day extension for any parties 
required or permitted to respond within a prescribed period after 
service of the document. As discussed in more detail below, documents 
can now be filed through the electronically filing system until 11:59 
p.m. For documents that are electronically filed and served late at 
night, it is unrealistic to expect opposing parties to read the service 
notification until the next morning. Rule 4.3(c) therefore provides a 
1-day extension for responding to electronically served documents. 
Although the federal courts provide a 3-day extension for responding to 
electronically served documents, see Fed. R. Civ. P. 6(d), the 
Commission has decided--due to the way that time is computed under the 
Commission's rules--that a 1-day extension in Rule 4.3(c) would be more 
appropriate.
    The Commission is amending Rule 4.3(d)'s deadline for timely filing 
of documents. Although paper documents still must be received in the 
Office of the Secretary by 5:00 p.m. Eastern Time to be deemed filed 
that day, documents filed using the electronic filing system will be 
deemed timely filed as long as they are received by 11:59 p.m. Eastern 
Time. This change is consistent with Federal Rule of Civil Procedure 
6(a)(4), which similarly provides a later deadline for electronic 
filing as compared to filing by other means.

Rule 4.4: Service

    The Commission is amending Rule 4.4(a) to clarify which paragraphs 
govern which types of documents and to allow the Commission to use 
electronic delivery to serve certain types of documents in part 3 
proceedings. The provision that permits service upon counsel to be 
deemed service upon the party represented by that counsel--former Rule 
4.4(a)(4)--has been moved into a new paragraph so that it is applicable 
to all documents in Commission proceedings, not just documents served 
by the Commission. See new Rule 4.4(c).
    The Commission is amending Rule 4.4(b) to clarify that Rule 4.4(b) 
is the provision that governs service by complaint counsel, 
respondents, or third parties in adjudicative proceedings under part 3. 
The Commission is also clarifying, in new Rule 4.4(b)(1)(i), that 
service upon complaint counsel must be effected by serving lead 
complaint counsel; the Commission is eliminating the existing language 
that allowed service to be effected by instead serving the Assistant 
Director in the Bureau of Competition, the Associate Director in the 
Bureau of Consumer Protection, or the Director of the Regional Office 
of complaint counsel. In addition, Rule 4.4(b) is being revised to 
permit service by electronic delivery in accordance with new Rule 
4.4(e).
    New Rule 4.4(e) governs service by electronic delivery in part 3 
proceedings. Specifically, Rule 4.4(e)(1)

[[Page 25941]]

governs parties who have elected to be served via the Commission's 
electronic filing system. For such parties, the electronic filing 
system may be used to serve them with documents labeled ``Public,'' and 
transmission of the notice of electronic filing provided by the 
electronic filing system will satisfy the service obligations of the 
serving party. A document will be deemed served on the date that the 
notice of electronic filing is transmitted, unless the serving party 
learns that the notice of electronic filing did not reach the person to 
be served.
    ``In Camera'' or ``Confidential'' documents may not be served 
through the electronic filing system. In addition, for confidentiality 
reasons, the electronic filing system cannot be used to serve third 
parties. Third parties can use the electronic filing system to file and 
serve documents, but third parties cannot be served through the system.
    Rule 4.4(e)(2) therefore authorizes the Administrative Law Judge 
and the Secretary to allow other methods of service by electronic 
delivery, including service by email, in the following circumstances: 
For service of ``In Camera'' or ``Confidential'' documents, if the 
party to be served has not opted into service via the Commission's 
electronic filing system, if the document is to be served upon a third 
party, or if service through the electronic filing system is 
unavailable for technical reasons. If ``In Camera'' and 
``Confidential'' documents are served by electronic delivery under Rule 
4.4(e)(2), they must be encrypted prior to transit or transferred 
through a secure file transfer protocol.
    New Rule 4.4(f) contains language that was previously found in Rule 
4.4(b) and that has been moved into a new paragraph for clarity.

II. Revisions to Rules of Practice for Adjudicative Proceedings (Part 
3)

Rule 3.14: Intervention

    The Commission is amending Rule 3.14(a) to clarify that motions to 
intervene in Part 3 proceedings, as well as answers to such motions, 
must be served in accordance with Rule 4.4(b).

Rule 3.83: Procedures for Considering Applicants

    The Commission is deleting Rule 3.83(a)'s discussion of the date of 
filing for an application for an award of fees and expenses under the 
Equal Access to Justice Act, because Rule 4.3(d) governs the date of 
filing for documents filed with the Commission.

List of Subjects

16 CFR Part 3

    Administrative practice and procedure.

16 CFR Part 4

    Administrative practice and procedure, Freedom of information, 
Public record.

    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 3--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS

0
1. The authority citation for part 3 continues to read as follows:

    Authority: 15 U.S.C. 46, unless otherwise noted.


0
2. Amend Sec.  3.14 by revising paragraph (a) to read as follows:


Sec.  3.14  Intervention.

    (a) Any individual, partnership, unincorporated association, or 
corporation desiring to intervene in an adjudicative proceeding shall 
make written application in the form of a motion setting forth the 
basis therefor. Such application shall be served upon each party to the 
proceeding in accordance with the provisions of Sec.  4.4(b) of this 
chapter. The answer filed by any party shall be served upon the 
applicant in accordance with the provisions of Sec.  4.4(b). The 
Administrative Law Judge or the Commission may by order permit the 
intervention to such extent and upon such terms as are provided by law 
or as otherwise may be deemed proper.
* * * * *

0
3. Amend Sec.  3.83 by revising paragraph (a) to read as follows:


Sec.  3.83  Procedures for considering applicants.

    (a) Filing and service of documents. Any application for an award 
or other pleading or document related to an application shall be filed 
and served on all parties as specified in Sec. Sec.  4.2 and 4.4(b) of 
this chapter, except as provided in Sec.  3.82(b)(2) for confidential 
financial information.
* * * * *

PART 4--MISCELLANEOUS RULES

0
4. The authority citation for part 4 continues to read as follows:

    Authority: 15 U.S.C. 46, unless otherwise noted.


0
5. Amend Sec.  4.2 by revising paragraphs (c), (d), (e), and (f) to 
read as follows:


Sec.  4.2  Requirements as to form, and filing of documents other than 
correspondence.

* * * * *
    (c) Paper and electronic copies of filings before the Commission or 
an Administrative Law Judge in adjudicative proceedings under part 3 of 
this chapter. (1) Each document filed in an adjudicative proceeding 
under part 3, except documents covered by Sec.  4.2(a)(1)(i), shall be 
filed with the Secretary of the Commission, shall be in 12-point font 
with 1-inch margins, and shall comply with the requirements of 
Sec. Sec.  4.2(b) and (f) and 4.3(d). Documents may be filed with the 
Office of the Secretary either electronically or in hard copy.
    (i) Documents may be filed electronically by using the Office of 
the Secretary's electronic filing system and complying with the 
Secretary's directions for using that system. Documents filed 
electronically shall be in Adobe portable document format or such other 
format as the Secretary may direct.
    (ii) Documents filed in hard copy shall include a paper original, 
one paper copy, and an electronic copy in Adobe portable document 
format or such other format as the Secretary shall direct.
    (2) If the document is labeled ``In Camera'' or ``Confidential'', 
it must include as an attachment either a motion requesting in camera 
or other confidential treatment, in the form prescribed by Sec.  3.45 
of this chapter, or a copy of a Commission, Administrative Law Judge, 
or federal court order granting such treatment. The document must also 
include as a separate attachment a set of only those pages of the 
document on which the in camera or otherwise confidential material 
appears and comply with all other requirements of Sec.  3.45 and any 
other applicable rules governing in camera treatment. A document 
labeled ``In Camera'' or ``Confidential'' may be filed electronically 
using the electronic filing system.
    (3) Sensitive personal information, as defined in Sec.  3.45(b) of 
this chapter, shall not be included in, and must be redacted or omitted 
from, filings where the filing party determines that such information 
is not relevant or otherwise necessary for the conduct of the 
proceeding.
    (4) A copy of each document filed in accordance with this section 
in an adjudicative proceeding under part 3 of this chapter shall be 
served by the party filing the document or person acting for that party 
on all other parties pursuant

[[Page 25942]]

to Sec.  4.4, at or before the time the original is filed.
    (d) Other documents filed with the Commission. (1) Each document 
filed with the Commission, and not covered by Sec.  4.2(a)(1)(i) or 
(ii) or Sec.  4.2(c), shall be filed with the Secretary of the 
Commission, and shall be clearly and accurately labeled as required by 
Sec.  4.2(b).
    (2) Each such document shall be signed and shall comply with the 
requirements of Sec.  4.2(f). Documents filed under this paragraph (d) 
shall include a paper original, one paper copy, and an electronic copy 
in Adobe portable document format, unless the Secretary shall otherwise 
direct.
    (3) Each such document labeled ``Public'' may be placed on the 
public record of the Commission at the time it is filed.
    (4) If such a document is labeled ``Confidential'', and it is filed 
pursuant to Sec.  2.10(a), Sec.  2.41(f), or Sec.  2.51 of this 
chapter, it will be rejected for filing pursuant to Sec.  4.2(g), and 
will not stay compliance with any applicable obligation imposed by the 
Commission or the Commission staff, unless the filer simultaneously 
files:
    (i) An explicit request for confidential treatment that includes 
the factual and legal basis for the request, identifies the specific 
portions of the document to be withheld from the public record, 
provides the name and address of the person(s) who should be notified 
in the event the Commission determines to disclose some or all of the 
material labeled ``Confidential'', and otherwise conforms to the 
requirements of Sec.  4.9(c); and
    (ii) A redacted public version of the document that is clearly 
labeled ``Public''.
    (e) Form. Paper documents filed with the Secretary of the 
Commission shall be printed, typewritten, or otherwise processed in 
permanent form and on good unglazed paper. A motion or other document 
filed in an adjudicative proceeding under part 3 of this chapter shall 
contain a caption setting forth the title of the case, the docket 
number, and a brief descriptive title indicating the purpose of the 
document.
    (f) Signature. (1) The original of each document filed shall be 
signed by an attorney of record for the filing party, or in the case of 
parties not represented by counsel, by the party itself, or by a 
partner if a partnership, or by an officer of the party if it is a 
corporation or an unincorporated association. For documents filed 
electronically using the Office of the Secretary's electronic filing 
system, documents must be signed using a scanned signature image, an 
``s/'' followed by the name of the filer using the electronic filing 
system, or another signature method as the Secretary may direct.
    (2) Signing a document constitutes a representation by the signer 
that he or she has read it; that to the best of his or her knowledge, 
information, and belief, the statements made in it are true; that it is 
not interposed for delay; and that to the best of his or her knowledge, 
information, and belief, it complies with the rules in this part. If a 
document is not signed or is signed with intent to defeat the purpose 
of this section, it may be stricken as sham and false and the 
proceeding may go forward as though the document had not been filed.
* * * * *

0
6. Amend Sec.  4.3 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  4.3  Time.

* * * * *
    (c) Additional time after certain kinds of service. Whenever a 
party in an adjudicative proceeding under part 3 of this chapter is 
required or permitted to do an act within a prescribed period after 
service of a document upon it and the document is served by first-class 
mail pursuant to Sec.  4.4(a)(2) or (b), 3 days shall be added to the 
prescribed period. Whenever a party in an adjudicative proceeding under 
part 3 is required or permitted to do an act within a prescribed period 
after service of a document upon it and the document is served by 
electronic delivery pursuant to Sec.  4.4(e), 1 day shall be added to 
the prescribed period.
    (d) Date of filing. Documents permitted to be filed using the 
electronic filing system must be received by 11:59 p.m. Eastern Time to 
be deemed timely filed that day. All other documents must be received 
in the Office of the Secretary by 5:00 p.m. Eastern Time to be deemed 
filed that day, and any such document received after 5:00 p.m. Eastern 
Time will be deemed filed the following business day.

0
7. Revise Sec.  4.4 to read as follows:


Sec.  4.4  Service.

    (a) By the Commission. (1) Service of complaints, initial 
decisions, final orders and other processes of the Commission under 15 
U.S.C. 45 may be effected as follows:
    (i) By registered or certified mail. A copy of the document shall 
be addressed to the person, partnership, corporation or unincorporated 
association to be served at his, her or its residence or principal 
office or place of business, registered or certified, and mailed; 
service under this provision is complete upon delivery of the document 
by the Post Office; or
    (ii) By delivery to an individual. A copy thereof may be delivered 
to the person to be served, or to a member of the partnership to be 
served, or to the president, secretary, or other executive officer or a 
director of the corporation or unincorporated association to be served; 
service under this provision is complete upon delivery as specified 
herein; or
    (iii) By delivery to an address. A copy thereof may be left at the 
principal office or place of business of the person, partnership, 
corporation, or unincorporated association, or it may be left at the 
residence of the person or of a member of the partnership or of an 
executive officer or director of the corporation, or unincorporated 
association to be served; service under this provision is complete upon 
delivery as specified herein.
    (2) All documents served by the Commission or Administrative Law 
Judge in adjudicative proceedings under part 3 of this chapter, other 
than documents governed by paragraph (a)(1) of this section, may be 
served by personal delivery (including delivery by courier), by 
electronic delivery in accordance with Sec.  4.4(e), or by first-class 
mail. Unless otherwise specified in Sec.  4.4(e), documents shall be 
deemed served on the day of personal or electronic delivery or the day 
of mailing.
    (3) All other orders and notices, including subpoenas, orders 
requiring access, orders to file annual and special reports, and 
notices of default, may be served by any method reasonably certain to 
inform the affected person, partnership, corporation or unincorporated 
association, including any method specified in paragraph (a)(1) of this 
section, except that civil investigative demands may only be served in 
the manner provided by section 20(c)(7) of the FTC Act (in the case of 
service on a partnership, corporation, association, or other legal 
entity) or section 20(c)(8) of the FTC Act (in the case of a natural 
person). Service under this provision is complete upon delivery by the 
Post Office or upon personal delivery (including delivery by courier).
    (b) By parties or third parties in adjudicative proceedings under 
part 3 of this chapter. (1) Service of documents by complaint counsel, 
respondents, or third parties in adjudicative proceedings under part 3 
shall be by delivering copies using the following methods.
    (i) Upon complaint counsel. A copy may be served by personal 
delivery

[[Page 25943]]

(including delivery by courier), by electronic delivery in accordance 
with Sec.  4.4(e), or by first-class mail to the lead complaint 
counsel, with a copy to the Administrative Law Judge.
    (ii) Upon a party other than complaint counsel or upon a third 
party. A copy may be served by personal delivery (including delivery by 
courier), by electronic delivery in accordance with Sec.  4.4(e), or by 
first-class mail, with a copy to the Administrative Law Judge. If the 
party is an individual or partnership, delivery shall be to such 
individual or a member of the partnership; if a corporation or 
unincorporated association, to an officer or agent authorized to accept 
service of process therefor. Personal delivery includes handing the 
document to be served to the individual, partner, officer, or agent; 
leaving it at his or her office with a person in charge thereof; or, if 
there is no one in charge or if the office is closed or if the party 
has no office, leaving it at his or her dwelling house or usual place 
of abode with some person of suitable age and discretion then residing 
therein.
    (2) Unless otherwise specified in Sec.  4.4(e), documents served in 
adjudicative proceedings under part 3 shall be deemed served on the day 
of personal delivery (including delivery by courier), the day of 
electronic delivery, or the day of mailing.
    (c) Service upon counsel. When counsel has appeared in a proceeding 
on behalf of a party, service upon such counsel of any document, other 
than a complaint, shall be deemed service upon the party. However, 
service of those documents specified in paragraph (a)(1) of this 
section shall be in accordance with paragraphs (a)(1)(i), (ii), and 
(iii) of this section.
    (d) Proof of service. In an adjudicative proceeding under part 3, 
documents presented for filing shall contain proof of service in the 
form of a statement of the date and manner of service and of the names 
of the persons served, certified by the person who made service. Proof 
of service must appear on or be affixed to the documents filed.
    (e) Service by electronic delivery in an adjudicative proceeding 
under part 3 of this chapter--(1) Service through the electronic filing 
system. A party may elect, for documents labeled ``Public'' pursuant to 
Sec.  4.2(b), to be served via the electronic filing system provided by 
the Office of the Secretary. The electronic filing system cannot be 
used to serve third parties. For parties that have elected to be served 
via the electronic filing system:
    (i) Service of documents labeled ``Public'' pursuant to Sec.  
4.2(b) may be effected through the electronic filing system;
    (ii) Each such party thereby agrees that, for any document served 
through the electronic filing system, transmission of the notice of 
electronic filing provided by the electronic filing system shall 
satisfy the service obligations of the serving party; and
    (iii) A document served via the electronic filing system shall be 
deemed served on the date the notice of electronic filing is 
transmitted, unless the serving party learns that the notice of 
electronic filing did not reach the person to be served.
    (2) Service by other methods of electronic delivery. (i) In the 
following circumstances, service by other methods of electronic 
delivery (including service by email) may be effected as the 
Administrative Law Judge and the Secretary may direct:
    (A) The document to be served is labeled ``In Camera'' or 
``Confidential'' pursuant to Sec.  4.2(b);
    (B) The party to be served has not elected to be served via the 
electronic filing system;
    (C) The document is to be served upon a third party; or
    (D) Service under paragraph (e)(1) of this section is unavailable 
for technical reasons.
    (ii) If documents labeled ``In Camera'' or ``Confidential'' are 
being served under this paragraph (e)(2), the documents must be 
encrypted prior to transit or must be transferred through a secure file 
transfer protocol. Service of a document under this paragraph (e)(2) 
shall be complete upon transmission by the serving party, unless the 
serving party learns that the document did not reach the person to be 
served.
    (f) Service of process upon the Commission. Documents served upon 
the Commission may be served by personal delivery (including delivery 
by courier) or by first-class mail to the Office of the Secretary of 
the Commission.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-10517 Filed 5-5-15; 8:45 am]
 BILLING CODE 6750-01-P



                                            25940              Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations

                                            FEDERAL TRADE COMMISSION                                either of two ways: In hard copy, or                  electronically filed and served late at
                                                                                                    through the Commission’s electronic                   night, it is unrealistic to expect
                                            16 CFR Parts 3 and 4                                    filing system.                                        opposing parties to read the service
                                                                                                       Part 3 documents filed in hard copy                notification until the next morning. Rule
                                            Revisions to Rules of Practice                          must include a paper original, one paper              4.3(c) therefore provides a 1-day
                                            AGENCY:    Federal Trade Commission.                    copy, and one electronic copy in Adobe                extension for responding to
                                            ACTION:   Final rules.                                  portable document format or other                     electronically served documents.
                                                                                                    format specified by the Secretary. The                Although the federal courts provide a 3-
                                            SUMMARY:   The Commission is revising                   Commission is eliminating the                         day extension for responding to
                                            certain of its rules of practice to                     requirement to provide 12 paper copies                electronically served documents, see
                                            accommodate changes to the                              for filings before the Commission.                    Fed. R. Civ. P. 6(d), the Commission has
                                            Commission’s electronic filing system,                     Part 3 documents filed through the                 decided—due to the way that time is
                                            to eliminate outdated requirements, and                 electronic filing system must comply                  computed under the Commission’s
                                            to improve clarity.                                     with the Secretary’s directions for using             rules—that a 1-day extension in Rule
                                            DATES: Effective date: These rule                       that system. Additional information                   4.3(c) would be more appropriate.
                                            revisions are effective on May 12, 2015                 about the electronic filing system is                    The Commission is amending Rule
                                            and will govern all Commission                          available at https://ftcefile.gov/                    4.3(d)’s deadline for timely filing of
                                            adjudicatory proceedings that are                       HomePage.aspx. Documents labeled ‘‘In                 documents. Although paper documents
                                            commenced after that date. They will                    Camera’’ or ‘‘Confidential’’ may be filed             still must be received in the Office of
                                            also govern all Commission                              through the electronic filing system,                 the Secretary by 5:00 p.m. Eastern Time
                                            adjudicatory proceedings that are                       although—as discussed further below—                  to be deemed filed that day, documents
                                            pending on May 12, 2015, unless                         they may not be served through that                   filed using the electronic filing system
                                            otherwise ordered by the Commission.                    system. Because the electronic filing                 will be deemed timely filed as long as
                                            FOR FURTHER INFORMATION CONTACT:                        system is now configured to accept ‘‘In               they are received by 11:59 p.m. Eastern
                                            Josephine Liu, Attorney, (202) 326–                     Camera’’ or ‘‘Confidential’’ documents,               Time. This change is consistent with
                                            2170, Office of the General Counsel,                    the Commission is deleting the existing               Federal Rule of Civil Procedure 6(a)(4),
                                            Federal Trade Commission, 600                           requirement that ‘‘In Camera’’ or                     which similarly provides a later
                                            Pennsylvania Avenue NW., Washington,                    ‘‘Confidential’’ documents be filed only              deadline for electronic filing as
                                            DC 20580.                                               in hard copy and be accompanied by an                 compared to filing by other means.
                                            SUPPLEMENTARY INFORMATION: The
                                                                                                    electronic copy on a CD or DVD.                       Rule 4.4: Service
                                                                                                       For other documents filed with the
                                            Federal Trade Commission is revising                                                                             The Commission is amending Rule
                                                                                                    Commission that are governed by Rule
                                            certain rules in parts 3 and 4 of its rules                                                                   4.4(a) to clarify which paragraphs
                                            of practice to reflect new features in the              4.2(d)—including petitions to quash or
                                                                                                    limit compulsory process, reports of                  govern which types of documents and to
                                            Commission’s electronic filing system,                                                                        allow the Commission to use electronic
                                            eliminate outdated requirements for the                 compliance, and requests to reopen—
                                                                                                    the Commission is eliminating the                     delivery to serve certain types of
                                            filing and service of documents, and                                                                          documents in part 3 proceedings. The
                                            clarify the applicability of the rules.                 existing requirement to provide 12
                                                                                                    paper copies and a CD or DVD                          provision that permits service upon
                                               Because these rule revisions relate                                                                        counsel to be deemed service upon the
                                            solely to agency procedure and practice,                containing an electronic copy of the
                                                                                                    document. Instead, such documents                     party represented by that counsel—
                                            publication for notice and comment is                                                                         former Rule 4.4(a)(4)—has been moved
                                            not required under the Administrative                   must include a paper original, one paper
                                                                                                    copy, and one electronic copy in Adobe                into a new paragraph so that it is
                                            Procedure Act. 5 U.S.C. 553(b).1 These                                                                        applicable to all documents in
                                            rule revisions are effective on May 12,                 portable document format, unless
                                                                                                    otherwise directed by the Secretary.                  Commission proceedings, not just
                                            2015 and will govern all Commission                                                                           documents served by the Commission.
                                            adjudicatory proceedings that are                          In Rule 4.2(e), the Commission is
                                                                                                    deleting an outdated exception for briefs             See new Rule 4.4(c).
                                            commenced after that date. They will                                                                             The Commission is amending Rule
                                            also govern all Commission                              filed in support of appeals from initial
                                                                                                    decisions and an outdated cross-                      4.4(b) to clarify that Rule 4.4(b) is the
                                            adjudicatory proceedings that are                                                                             provision that governs service by
                                            pending on May 12, 2015, unless                         reference to formatting requirements for
                                                                                                    such briefs under Rule 3.52(e).                       complaint counsel, respondents, or
                                            otherwise ordered by the Commission.                                                                          third parties in adjudicative proceedings
                                                                                                       In Rule 4.2(f), the Commission is
                                            I. Revisions to Miscellaneous Rules                     adding an explanation of the acceptable               under part 3. The Commission is also
                                            (Part 4)                                                signature methods for documents that                  clarifying, in new Rule 4.4(b)(1)(i), that
                                                                                                    are filed electronically.                             service upon complaint counsel must be
                                            Rule 4.2: Requirements as to Form, and                                                                        effected by serving lead complaint
                                                                                                       The Commission is also making other
                                            Filing of Documents Other Than                                                                                counsel; the Commission is eliminating
                                                                                                    edits throughout Rule 4.2 so that the
                                            Correspondence                                                                                                the existing language that allowed
                                                                                                    Rule’s requirements are format-neutral.
                                              The Commission is amending Rule                                                                             service to be effected by instead serving
                                            4.2(c) to specify that documents filed                  Rule 4.3: Time                                        the Assistant Director in the Bureau of
                                            before the Commission or an                               The Commission is amending Rule                     Competition, the Associate Director in
                                            Administrative Law Judge in an                          4.3(c) so that, if a document is served               the Bureau of Consumer Protection, or
                                            adjudicative proceeding under part 3 of                 electronically, there will be a 1-day                 the Director of the Regional Office of
                                            the Commission’s rules may be filed in                  extension for any parties required or                 complaint counsel. In addition, Rule
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                                                                                                    permitted to respond within a                         4.4(b) is being revised to permit service
                                              1 For this reason, the requirements of the            prescribed period after service of the                by electronic delivery in accordance
                                            Regulatory Flexibility Act are also inapplicable. 5     document. As discussed in more detail                 with new Rule 4.4(e).
                                            U.S.C. 601(2), 604(a). Likewise, the amendments do
                                            not modify any FTC collections of information
                                                                                                    below, documents can now be filed                        New Rule 4.4(e) governs service by
                                            within the meaning of the Paperwork Reduction           through the electronically filing system              electronic delivery in part 3
                                            Act, 44 U.S.C. 3501 et seq.                             until 11:59 p.m. For documents that are               proceedings. Specifically, Rule 4.4(e)(1)


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                                                               Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations                                           25941

                                            governs parties who have elected to be                  List of Subjects                                      ■ 5. Amend § 4.2 by revising paragraphs
                                            served via the Commission’s electronic                                                                        (c), (d), (e), and (f) to read as follows:
                                                                                                    16 CFR Part 3
                                            filing system. For such parties, the
                                                                                                                                                          § 4.2 Requirements as to form, and filing
                                            electronic filing system may be used to                   Administrative practice and
                                                                                                                                                          of documents other than correspondence.
                                            serve them with documents labeled                       procedure.
                                            ‘‘Public,’’ and transmission of the notice                                                                    *       *     *    *      *
                                                                                                    16 CFR Part 4                                            (c) Paper and electronic copies of
                                            of electronic filing provided by the
                                                                                                      Administrative practice and                         filings before the Commission or an
                                            electronic filing system will satisfy the
                                                                                                    procedure, Freedom of information,                    Administrative Law Judge in
                                            service obligations of the serving party.
                                                                                                    Public record.                                        adjudicative proceedings under part 3 of
                                            A document will be deemed served on
                                                                                                                                                          this chapter. (1) Each document filed in
                                            the date that the notice of electronic                    For the reasons set forth in the                    an adjudicative proceeding under part 3,
                                            filing is transmitted, unless the serving               preamble, the Federal Trade                           except documents covered by
                                            party learns that the notice of electronic              Commission amends title 16, chapter I,                § 4.2(a)(1)(i), shall be filed with the
                                            filing did not reach the person to be                   subchapter A of the Code of Federal                   Secretary of the Commission, shall be in
                                            served.                                                 Regulations as follows:                               12-point font with 1-inch margins, and
                                               ‘‘In Camera’’ or ‘‘Confidential’’                                                                          shall comply with the requirements of
                                            documents may not be served through                     PART 3—RULES OF PRACTICE FOR
                                                                                                                                                          §§ 4.2(b) and (f) and 4.3(d). Documents
                                            the electronic filing system. In addition,              ADJUDICATIVE PROCEEDINGS
                                                                                                                                                          may be filed with the Office of the
                                            for confidentiality reasons, the                                                                              Secretary either electronically or in hard
                                            electronic filing system cannot be used                 ■ 1. The authority citation for part 3
                                                                                                    continues to read as follows:                         copy.
                                            to serve third parties. Third parties can                                                                        (i) Documents may be filed
                                            use the electronic filing system to file                  Authority: 15 U.S.C. 46, unless otherwise           electronically by using the Office of the
                                            and serve documents, but third parties                  noted.                                                Secretary’s electronic filing system and
                                            cannot be served through the system.                                                                          complying with the Secretary’s
                                                                                                    ■ 2. Amend § 3.14 by revising paragraph
                                               Rule 4.4(e)(2) therefore authorizes the              (a) to read as follows:                               directions for using that system.
                                            Administrative Law Judge and the                                                                              Documents filed electronically shall be
                                            Secretary to allow other methods of                     § 3.14   Intervention.                                in Adobe portable document format or
                                            service by electronic delivery, including                  (a) Any individual, partnership,                   such other format as the Secretary may
                                            service by email, in the following                      unincorporated association, or                        direct.
                                            circumstances: For service of ‘‘In                      corporation desiring to intervene in an                  (ii) Documents filed in hard copy
                                            Camera’’ or ‘‘Confidential’’ documents,                 adjudicative proceeding shall make                    shall include a paper original, one paper
                                            if the party to be served has not opted                 written application in the form of a                  copy, and an electronic copy in Adobe
                                            into service via the Commission’s                       motion setting forth the basis therefor.              portable document format or such other
                                            electronic filing system, if the document               Such application shall be served upon                 format as the Secretary shall direct.
                                            is to be served upon a third party, or if               each party to the proceeding in                          (2) If the document is labeled ‘‘In
                                            service through the electronic filing                   accordance with the provisions of                     Camera’’ or ‘‘Confidential’’, it must
                                            system is unavailable for technical                     § 4.4(b) of this chapter. The answer filed            include as an attachment either a
                                            reasons. If ‘‘In Camera’’ and                           by any party shall be served upon the                 motion requesting in camera or other
                                            ‘‘Confidential’’ documents are served by                applicant in accordance with the                      confidential treatment, in the form
                                            electronic delivery under Rule 4.4(e)(2),               provisions of § 4.4(b). The                           prescribed by § 3.45 of this chapter, or
                                            they must be encrypted prior to transit                 Administrative Law Judge or the                       a copy of a Commission, Administrative
                                            or transferred through a secure file                    Commission may by order permit the                    Law Judge, or federal court order
                                            transfer protocol.                                      intervention to such extent and upon                  granting such treatment. The document
                                                                                                    such terms as are provided by law or as               must also include as a separate
                                               New Rule 4.4(f) contains language                                                                          attachment a set of only those pages of
                                            that was previously found in Rule 4.4(b)                otherwise may be deemed proper.
                                                                                                                                                          the document on which the in camera
                                            and that has been moved into a new                      *      *     *     *    *                             or otherwise confidential material
                                            paragraph for clarity.                                  ■ 3. Amend § 3.83 by revising paragraph               appears and comply with all other
                                            II. Revisions to Rules of Practice for                  (a) to read as follows:                               requirements of § 3.45 and any other
                                            Adjudicative Proceedings (Part 3)                                                                             applicable rules governing in camera
                                                                                                    § 3.83 Procedures for considering
                                                                                                    applicants.
                                                                                                                                                          treatment. A document labeled ‘‘In
                                            Rule 3.14: Intervention                                                                                       Camera’’ or ‘‘Confidential’’ may be filed
                                                                                                       (a) Filing and service of documents.               electronically using the electronic filing
                                              The Commission is amending Rule                       Any application for an award or other                 system.
                                            3.14(a) to clarify that motions to                      pleading or document related to an                       (3) Sensitive personal information, as
                                            intervene in Part 3 proceedings, as well                application shall be filed and served on              defined in § 3.45(b) of this chapter, shall
                                            as answers to such motions, must be                     all parties as specified in §§ 4.2 and                not be included in, and must be
                                            served in accordance with Rule 4.4(b).                  4.4(b) of this chapter, except as                     redacted or omitted from, filings where
                                            Rule 3.83: Procedures for Considering                   provided in § 3.82(b)(2) for confidential             the filing party determines that such
                                            Applicants                                              financial information.                                information is not relevant or otherwise
                                                                                                    *      *     *    *     *                             necessary for the conduct of the
                                              The Commission is deleting Rule                                                                             proceeding.
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                                            3.83(a)’s discussion of the date of filing              PART 4—MISCELLANEOUS RULES                               (4) A copy of each document filed in
                                            for an application for an award of fees                                                                       accordance with this section in an
                                            and expenses under the Equal Access to                  ■ 4. The authority citation for part 4                adjudicative proceeding under part 3 of
                                            Justice Act, because Rule 4.3(d) governs                continues to read as follows:                         this chapter shall be served by the party
                                            the date of filing for documents filed                    Authority: 15 U.S.C. 46, unless otherwise           filing the document or person acting for
                                            with the Commission.                                    noted.                                                that party on all other parties pursuant


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                                            25942              Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations

                                            to § 4.4, at or before the time the original            ‘‘s/’’ followed by the name of the filer                 business, registered or certified, and
                                            is filed.                                               using the electronic filing system, or                   mailed; service under this provision is
                                               (d) Other documents filed with the                   another signature method as the                          complete upon delivery of the
                                            Commission. (1) Each document filed                     Secretary may direct.                                    document by the Post Office; or
                                            with the Commission, and not covered                       (2) Signing a document constitutes a                     (ii) By delivery to an individual. A
                                            by § 4.2(a)(1)(i) or (ii) or § 4.2(c), shall be         representation by the signer that he or                  copy thereof may be delivered to the
                                            filed with the Secretary of the                         she has read it; that to the best of his                 person to be served, or to a member of
                                            Commission, and shall be clearly and                    or her knowledge, information, and                       the partnership to be served, or to the
                                            accurately labeled as required by                       belief, the statements made in it are                    president, secretary, or other executive
                                            § 4.2(b).                                               true; that it is not interposed for delay;               officer or a director of the corporation or
                                               (2) Each such document shall be                      and that to the best of his or her                       unincorporated association to be served;
                                            signed and shall comply with the                        knowledge, information, and belief, it                   service under this provision is complete
                                            requirements of § 4.2(f). Documents                     complies with the rules in this part. If                 upon delivery as specified herein; or
                                            filed under this paragraph (d) shall                    a document is not signed or is signed                       (iii) By delivery to an address. A copy
                                            include a paper original, one paper                     with intent to defeat the purpose of this                thereof may be left at the principal
                                            copy, and an electronic copy in Adobe                   section, it may be stricken as sham and                  office or place of business of the person,
                                            portable document format, unless the                    false and the proceeding may go forward                  partnership, corporation, or
                                            Secretary shall otherwise direct.                       as though the document had not been                      unincorporated association, or it may be
                                               (3) Each such document labeled                       filed.                                                   left at the residence of the person or of
                                            ‘‘Public’’ may be placed on the public                                                                           a member of the partnership or of an
                                            record of the Commission at the time it                 *       *    *     *     *
                                                                                                                                                             executive officer or director of the
                                            is filed.                                               ■ 6. Amend § 4.3 by revising paragraphs                  corporation, or unincorporated
                                               (4) If such a document is labeled                    (c) and (d) to read as follows:                          association to be served; service under
                                            ‘‘Confidential’’, and it is filed pursuant                                                                       this provision is complete upon delivery
                                                                                                    § 4.3     Time.
                                            to § 2.10(a), § 2.41(f), or § 2.51 of this                                                                       as specified herein.
                                            chapter, it will be rejected for filing                 *      *     *     *     *                                  (2) All documents served by the
                                            pursuant to § 4.2(g), and will not stay                    (c) Additional time after certain kinds               Commission or Administrative Law
                                            compliance with any applicable                          of service. Whenever a party in an                       Judge in adjudicative proceedings under
                                            obligation imposed by the Commission                    adjudicative proceeding under part 3 of                  part 3 of this chapter, other than
                                            or the Commission staff, unless the filer               this chapter is required or permitted to                 documents governed by paragraph (a)(1)
                                            simultaneously files:                                   do an act within a prescribed period                     of this section, may be served by
                                               (i) An explicit request for confidential             after service of a document upon it and                  personal delivery (including delivery by
                                            treatment that includes the factual and                 the document is served by first-class                    courier), by electronic delivery in
                                            legal basis for the request, identifies the             mail pursuant to § 4.4(a)(2) or (b), 3 days              accordance with § 4.4(e), or by first-class
                                            specific portions of the document to be                 shall be added to the prescribed period.                 mail. Unless otherwise specified in
                                            withheld from the public record,                        Whenever a party in an adjudicative                      § 4.4(e), documents shall be deemed
                                            provides the name and address of the                    proceeding under part 3 is required or                   served on the day of personal or
                                            person(s) who should be notified in the                 permitted to do an act within a                          electronic delivery or the day of
                                            event the Commission determines to                      prescribed period after service of a                     mailing.
                                            disclose some or all of the material                    document upon it and the document is                        (3) All other orders and notices,
                                            labeled ‘‘Confidential’’, and otherwise                 served by electronic delivery pursuant                   including subpoenas, orders requiring
                                            conforms to the requirements of § 4.9(c);               to § 4.4(e), 1 day shall be added to the                 access, orders to file annual and special
                                            and                                                     prescribed period.                                       reports, and notices of default, may be
                                               (ii) A redacted public version of the                   (d) Date of filing. Documents                         served by any method reasonably
                                            document that is clearly labeled                        permitted to be filed using the                          certain to inform the affected person,
                                            ‘‘Public’’.                                             electronic filing system must be                         partnership, corporation or
                                               (e) Form. Paper documents filed with                 received by 11:59 p.m. Eastern Time to                   unincorporated association, including
                                            the Secretary of the Commission shall                   be deemed timely filed that day. All                     any method specified in paragraph (a)(1)
                                            be printed, typewritten, or otherwise                   other documents must be received in                      of this section, except that civil
                                            processed in permanent form and on                      the Office of the Secretary by 5:00 p.m.                 investigative demands may only be
                                            good unglazed paper. A motion or other                  Eastern Time to be deemed filed that                     served in the manner provided by
                                            document filed in an adjudicative                       day, and any such document received                      section 20(c)(7) of the FTC Act (in the
                                            proceeding under part 3 of this chapter                 after 5:00 p.m. Eastern Time will be                     case of service on a partnership,
                                            shall contain a caption setting forth the               deemed filed the following business                      corporation, association, or other legal
                                            title of the case, the docket number, and               day.                                                     entity) or section 20(c)(8) of the FTC Act
                                            a brief descriptive title indicating the                ■ 7. Revise § 4.4 to read as follows:                    (in the case of a natural person). Service
                                            purpose of the document.                                                                                         under this provision is complete upon
                                               (f) Signature. (1) The original of each              § 4.4     Service.                                       delivery by the Post Office or upon
                                            document filed shall be signed by an                      (a) By the Commission. (1) Service of                  personal delivery (including delivery by
                                            attorney of record for the filing party, or             complaints, initial decisions, final                     courier).
                                            in the case of parties not represented by               orders and other processes of the                           (b) By parties or third parties in
                                            counsel, by the party itself, or by a                   Commission under 15 U.S.C. 45 may be                     adjudicative proceedings under part 3 of
                                            partner if a partnership, or by an officer              effected as follows:                                     this chapter. (1) Service of documents
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                                            of the party if it is a corporation or an                  (i) By registered or certified mail. A                by complaint counsel, respondents, or
                                            unincorporated association. For                         copy of the document shall be                            third parties in adjudicative proceedings
                                            documents filed electronically using the                addressed to the person, partnership,                    under part 3 shall be by delivering
                                            Office of the Secretary’s electronic filing             corporation or unincorporated                            copies using the following methods.
                                            system, documents must be signed                        association to be served at his, her or its                 (i) Upon complaint counsel. A copy
                                            using a scanned signature image, an                     residence or principal office or place of                may be served by personal delivery


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                                                               Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations                                         25943

                                            (including delivery by courier), by                     effected through the electronic filing                ENVIRONMENTAL PROTECTION
                                            electronic delivery in accordance with                  system;                                               AGENCY
                                            § 4.4(e), or by first-class mail to the lead               (ii) Each such party thereby agrees
                                            complaint counsel, with a copy to the                                                                         40 CFR Part 174
                                                                                                    that, for any document served through
                                            Administrative Law Judge.
                                               (ii) Upon a party other than                         the electronic filing system,                         [EPA–HQ–OPP–2014–0834; FRL–9926–99]
                                            complaint counsel or upon a third                       transmission of the notice of electronic
                                                                                                    filing provided by the electronic filing              Defensin Proteins (SoD2 and SoD7)
                                            party. A copy may be served by personal                                                                       Derived From Spinach (Spinacia
                                            delivery (including delivery by courier),               system shall satisfy the service
                                                                                                                                                          oleracea L.) in Citrus Plants;
                                            by electronic delivery in accordance                    obligations of the serving party; and
                                                                                                                                                          Temporary Exemption From the
                                            with § 4.4(e), or by first-class mail, with                (iii) A document served via the                    Requirement of a Tolerance
                                            a copy to the Administrative Law Judge.                 electronic filing system shall be deemed
                                            If the party is an individual or                        served on the date the notice of                      AGENCY:  Environmental Protection
                                            partnership, delivery shall be to such                  electronic filing is transmitted, unless              Agency (EPA).
                                            individual or a member of the                           the serving party learns that the notice              ACTION: Final rule.
                                            partnership; if a corporation or                        of electronic filing did not reach the
                                            unincorporated association, to an officer                                                                     SUMMARY:   This regulation establishes a
                                                                                                    person to be served.                                  temporary exemption from the
                                            or agent authorized to accept service of
                                            process therefor. Personal delivery                        (2) Service by other methods of                    requirement of a tolerance for residues
                                            includes handing the document to be                     electronic delivery. (i) In the following             of SoD2 and SoD7, two defensin
                                            served to the individual, partner, officer,             circumstances, service by other methods               proteins derived from spinach (Spinacia
                                            or agent; leaving it at his or her office               of electronic delivery (including service             oleracea L.), in or on citrus when used
                                            with a person in charge thereof; or, if                 by email) may be effected as the                      as plant-incorporated protectants (PIPs)
                                            there is no one in charge or if the office              Administrative Law Judge and the                      in accordance with the terms of
                                            is closed or if the party has no office,                Secretary may direct:                                 Experimental Use Permit (EUP) No.
                                            leaving it at his or her dwelling house                                                                       88232–EUP–1. Southern Gardens Citrus
                                                                                                       (A) The document to be served is
                                            or usual place of abode with some                                                                             submitted a petition to EPA under the
                                                                                                    labeled ‘‘In Camera’’ or ‘‘Confidential’’             Federal Food, Drug, and Cosmetic Act
                                            person of suitable age and discretion
                                                                                                    pursuant to § 4.2(b);                                 (FFDCA), requesting the temporary
                                            then residing therein.
                                               (2) Unless otherwise specified in                       (B) The party to be served has not                 tolerance exemption. This regulation
                                            § 4.4(e), documents served in                           elected to be served via the electronic               eliminates the need to establish a
                                            adjudicative proceedings under part 3                   filing system;                                        maximum permissible level for residues
                                            shall be deemed served on the day of                       (C) The document is to be served                   of SoD2 and SoD7 in or on citrus. The
                                            personal delivery (including delivery by                upon a third party; or                                temporary tolerance exemption expires
                                            courier), the day of electronic delivery,                                                                     on April 18, 2018.
                                            or the day of mailing.                                     (D) Service under paragraph (e)(1) of
                                                                                                                                                          DATES: This regulation is effective May
                                               (c) Service upon counsel. When                       this section is unavailable for technical             6, 2015. Objections and requests for
                                            counsel has appeared in a proceeding                    reasons.                                              hearings must be received on or before
                                            on behalf of a party, service upon such                    (ii) If documents labeled ‘‘In Camera’’            July 6, 2015, and must be filed in
                                            counsel of any document, other than a                   or ‘‘Confidential’’ are being served                  accordance with the instructions
                                            complaint, shall be deemed service                      under this paragraph (e)(2), the                      provided in 40 CFR part 178 (see also
                                            upon the party. However, service of                     documents must be encrypted prior to                  Unit I.C. of the SUPPLEMENTARY
                                            those documents specified in paragraph                  transit or must be transferred through a              INFORMATION).
                                            (a)(1) of this section shall be in                      secure file transfer protocol. Service of
                                            accordance with paragraphs (a)(1)(i),                                                                         ADDRESSES:    The docket for this action,
                                                                                                    a document under this paragraph (e)(2)                identified by docket identification (ID)
                                            (ii), and (iii) of this section.                        shall be complete upon transmission by
                                               (d) Proof of service. In an adjudicative                                                                   number EPA–HQ–OPP–2014–0834, is
                                            proceeding under part 3, documents                      the serving party, unless the serving                 available at http://www.regulations.gov
                                            presented for filing shall contain proof                party learns that the document did not                or at the Office of Pesticide Programs
                                            of service in the form of a statement of                reach the person to be served.                        Regulatory Public Docket (OPP Docket)
                                            the date and manner of service and of                      (f) Service of process upon the                    in the Environmental Protection Agency
                                            the names of the persons served,                        Commission. Documents served upon                     Docket Center (EPA/DC), West William
                                            certified by the person who made                        the Commission may be served by                       Jefferson Clinton Bldg., Rm. 3334, 1301
                                            service. Proof of service must appear on                personal delivery (including delivery by              Constitution Ave. NW., Washington, DC
                                            or be affixed to the documents filed.                   courier) or by first-class mail to the                20460–0001. The Public Reading Room
                                               (e) Service by electronic delivery in an                                                                   is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                    Office of the Secretary of the
                                            adjudicative proceeding under part 3 of                                                                       Monday through Friday, excluding legal
                                                                                                    Commission.
                                            this chapter—(1) Service through the                                                                          holidays. The telephone number for the
                                            electronic filing system. A party may                     By direction of the Commission.                     Public Reading Room is (202) 566–1744,
                                            elect, for documents labeled ‘‘Public’’                 Donald S. Clark,                                      and the telephone number for the OPP
                                            pursuant to § 4.2(b), to be served via the              Secretary.                                            Docket is (703) 305–5805. Please review
                                            electronic filing system provided by the                [FR Doc. 2015–10517 Filed 5–5–15; 8:45 am]
                                                                                                                                                          the visitor instructions and additional
                                            Office of the Secretary. The electronic                                                                       information about the docket available
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                                                                                                    BILLING CODE 6750–01–P
                                            filing system cannot be used to serve                                                                         at http://www.epa.gov/dockets.
                                            third parties. For parties that have                                                                          FOR FURTHER INFORMATION CONTACT:
                                            elected to be served via the electronic                                                                       Robert McNally, Biopesticides and
                                            filing system:                                                                                                Pollution Prevention Division (7511P),
                                               (i) Service of documents labeled                                                                           Office of Pesticide Programs,
                                            ‘‘Public’’ pursuant to § 4.2(b) may be                                                                        Environmental Protection Agency, 1200


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Document Created: 2015-12-16 07:40:51
Document Modified: 2015-12-16 07:40:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rules.
ContactJosephine Liu, Attorney, (202) 326- 2170, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation80 FR 25940 
CFR Citation16 CFR 3
16 CFR 4
CFR AssociatedAdministrative Practice and Procedure; Freedom of Information and Public Record

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