[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR16.5]

[Page 130-131]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 16_ADVISORY COMMITTEE MANAGEMENT--Table of Contents
 
Sec. 16.5  Establishment of advisory committees.

    (a) No advisory committee shall be established under this part 
unless such establishment is:

[[Page 131]]

    (1) Specifically authorized by statute; or
    (2) Determined as a matter of formal record by the Commission, after 
consultation with the Administrator, to be in the public interest in 
connection with the performance of duties imposed on the Commission by 
law.
    (b) In establishing an advisory committee, the Commission shall:
    (1) Prepare a proposed charter for the advisory committee in 
accordance with Sec. 16.6 of this part; and
    (2) Submit an original and one copy of a letter to the Administrator 
requesting concurrence in the Commission's proposal to establish an 
advisory committee. The letter from the Commission shall describe the 
nature and purpose of the proposed advisory committee, including an 
explanation of why establishment of the advisory committee is essential 
to the conduct of agency business and in the public interest and why the 
functions of the proposed committee could not be performed by the 
Commission, by an existing committee, or through other means. The letter 
shall also describe the Commission's plan to attain balanced membership 
on the proposed advisory committee in terms of points of view to be 
represented and functions to be performed. The letter shall be 
accompanied by two copies of the proposed charter.
    (c) Upon the receipt of notification from the Administrator of his 
or her concurrence or nonconcurrence, the Commission shall notify the 
Administrator in writing that either:
    (1) The advisory committee is being established. The filing of an 
advisory committee charter as specified in Sec. 16.6 of this part shall 
be deemed appropriate written notification in this instance; or
    (2) The advisory committee is not being established.
    (d) If the Commission determines that an advisory committee should 
be established in accordance with paragraph (c) of this section, the 
Commission shall publish notice to that effect in the Federal Register 
at least fifteen days prior to the filing of the advisory committee's 
charter unless the Administrator authorizes publication of such notice 
within a shorter period of time. The notice shall identify the name and 
purpose of the advisory committee, state that the committee is necessary 
and in the public interest, and identify the name and address of the 
Commission official to whom the public may submit comments.
    (e) The Commission may issue regulations or guidelines as may be 
necessary to operate and oversee a particular advisory committee.