Federal Trade Commission.
Final rule.
The Federal Trade Commission is amending § 4.14(b) of its Rules of Practice to provide that the number of Commissioners needed for a quorum will be a majority of those sitting and not recused in a matter.
Marc Winerman, Attorney, Office of the General Counsel, 202–326–2451.
The Commission is revising Rule 4.14(b) of its rules of practice. The former rule defined a quorum as “a majority of the members of the Commission.” The revised rule defines a quorum as “[a] majority of the members of the Commission in office and not recused from participating in a matter (by virtue of 18 U.S.C. 208 or otherwise).”
While the Commission's former rule reflected the “almost universally accepted common-law rule” respecting quorums,
A quorum * * * shall consist of three members; provided, however, that if the number of Commissioners in office is less than three, a quorum shall consist of the number of members in office; and provided further that on any matter of business as to which the number of members in office, minus the number of members who either have disqualified themselves from consideration of such matter pursuant to § 200.60 or are otherwise disqualified from such consideration, is two, two members shall constitute a quorum for purposes of such matter.
17 CFR 200.41. See also
The Administrative Procedure Act does not require prior public notice and comment on this amendment because it relates solely to a rule of agency organization, procedure or practice. 5 U.S.C. 553(b)(A). For this reason, the Regulatory Flexibility Act also does not require an initial or final regulatory flexibility analysis. See 5 U.S.C. 603, 604. The revision does not involve the collection of information subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Administrative practice and procedure, Freedom of Information Act, Privacy Act, Sunshine Act.
15 U.S.C. 46, unless otherwise noted.
(b) A majority of the members of the Commission in office and not recused from participating in a matter (by virtue of 18 U.S.C. 208 or otherwise) constitutes a quorum for the transaction of business in that matter.
By direction of the Commission.