[Code of Federal Regulations] [Title 16, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 16CFR1.1] [Page 11-12] TITLE 16--COMMERCIAL PRACTICES CHAPTER I--FEDERAL TRADE COMMISSION PART 1_GENERAL PROCEDURES--Table of Contents Subpart A_Industry Guidance Sec. 1.1 Policy. Subpart A_Industry Guidance Advisory Opinions Sec. 1.1 Policy. 1.2 Procedure. 1.3 Advice. 1.4 Public disclosure. Industry Guides 1.5 Purpose. 1.6 How promulgated. Subpart B_Rules and Rulemaking Under Section 18(a)(1)(B) of the FTC Act 1.7 Scope of rules in this subpart. 1.8 Nature, authority and use of trade regulation rules. 1.9 Petitions to commence trade regulation rule proceedings. 1.10 Advance notice of proposed rulemaking. 1.11 Commencement of a rulemaking proceeding. 1.12 Final notice. 1.13 Rulemaking proceeding. 1.14 Promulgation. 1.15 Amendment or repeal of a rule. 1.16 Petition for exemption from trade regulation rule. 1.17 [Reserved] 1.18 Rulemaking record. 1.19 Modification of a rule by the Commission at the time of judicial review. 1.20 Alternative procedures. Subpart C_Rules Promulgated Under Authority Other Than Section 18(a)(1)(B) of the FTC Act 1.21 Scope of the rules in this subpart. 1.22 Rulemaking. 1.23 Quantity limit rules. 1.24 Rules applicable to wool, fur, and textile fiber products and rules promulgated under the Fair Packaging and Labeling Act. 1.25 Initiation of proceedings--petitions. 1.26 Procedure. Subpart D [Reserved] Subpart E_Export Trade Associations 1.41 Limited antitrust exemption. 1.42 Notice to Commission. 1.43 Recommendations. Subpart F_Trademark Cancellation Procedure 1.51 Applications. Subpart G_Injunctive and Condemnation Proceedings 1.61 Injunctions. 1.62 Ancillary court orders pending review. 1.63 Injunctions: Wool, fur, and textile cases. 1.64 Condemnation proceedings. Subpart H_Administration of the Fair Credit Reporting Act 1.71 Administration. 1.72 Examination, counseling and staff advice. 1.73 Interpretations. Subpart I_Procedures for Implementation of the National Environmental Policy Act of 1969 1.81 Authority and incorporation of CEQ Regulations. 1.82 Declaration of policy. [[Page 12]] 1.83 Whether to commence the process for an environmental impact statement. 1.84 Draft environmental impact statements: Availability and comment. 1.85 Final environmental impact statements. 1.86 Supplemental statements. 1.87 NEPA and agency decisionmaking. 1.88 Implementing procedures. 1.89 Effect on prior actions. Subpart J_Economic Surveys, Investigations, and Reports 1.91 Authority and purpose. Subpart K_Penalties for Violation of Appliance Labeling Rules 1.92 Scope. 1.93 Notice of proposed penalty. 1.94 Commission proceeding to assess civil penalty. 1.95 Procedures upon election. 1.96 Compromise of penalty. 1.97 Amount of penalty. Subpart L_Civil Penalty Adjustments Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as Amended by the Debt Collection Improvement Act of 1996 1.98 Adjustment of civil monetary penalty amounts. Subpart M_Submissions Under the Small Business Regulatory Enforcement Fairness Act 1.99 Submission of rules, guides, interpretations, and policy statements to Congress and the Comptroller General. Authority: Sec. 6, 38 Stat. 721 (15 U.S.C. 46), unless otherwise noted. Source: 32 FR 8444, June 13, 1967, unless otherwise noted. Advisory Opinions (a) Any person, partnership, or corporation may request advice from the Commission with respect to a course of action which the requesting party proposes to pursue. The Commission will consider such requests for advice and inform the requesting party of the Commission's views, where practicable, under the following circumstances. (1) The matter involves a substantial or novel question of fact or law and there is no clear Commission or court precedent; or (2) The subject matter of the request and consequent publication of Commission advice is of significant public interest. (b) The Commission has authorized its staff to consider all requests for advice and to render advice, where practicable, in those circumstances in which a Commission opinion would not be warranted. Hypothetical questions will not be answered, and a request for advice will ordinarily be considered inappropriate where: (1) The same or substantially the same course of action is under investigation or is or has been the subject of a current proceeding involving the Commission or another governmental agency, or (2) An informed opinion cannot be made or could be made only after extensive investigation, clinical study, testing, or collateral inquiry. [44 FR 21624, Apr. 11, 1979; 44 FR 23515, Apr. 20, 1979, as amended at 54 FR 14072, Apr. 7, 1989]