
[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR2]

[Page 45-46]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 2--NONADJUDICATIVE PROCEDURES--Table of Contents
 
Subpart E--Requests to Reopen

Sec. 2.51  Requests to reopen.

    (a) Scope. Any person, partnership, or corporation subject to a 
Commission decision containing a rule or order which has become 
effective, or an order to cease and desist which has become final, may 
file with the Secretary a request that the Commission reopen the 
proceeding to consider whether the rule or order, including any 
affirmative relief provision contained therein, should be altered, 
modified, or set aside in whole or in part.
    (b) Contents. A request under this section shall contain a 
satisfactory showing that changed conditions of law or fact require the 
rule or order to be altered, modified or set aside, in whole or in part, 
or that the public interest so requires.
    (1) This requirement shall not be deemed satisfied if a request is 
merely conclusory or otherwise fails to set forth by affidavit(s) 
specific facts demonstrating in detail:
    (i) The nature of the changed conditions and the reasons why they 
require the requested modifications of the rule or order; or
    (ii) The reasons why the public interest would be served by the 
modification.
    (2) Each affidavit shall set forth facts that would be admissible in 
evidence and shall show that the affiant is competent to testify to the 
matters stated therein. All information and material that the requester 
wishes the Commission to consider shall be contained in the request at 
the time of filing.
    (c) Opportunity for public comment. A request under this section 
shall be placed on the public record except for material exempt from 
public disclosure

[[Page 46]]

under rule 4.10(a). Unless the Commission determines that earlier 
disposition is necessary, the request shall remain on the public record 
for thirty (30) days after a press release on the request is issued. 
Bureau Directors are authorized to publish a notice in the Federal 
Register announcing the receipt of a request to reopen at their 
discretion. The public is invited to comment on the request while it is 
on the public record.
    (d) Determination. After the period for public comments on a request 
under this section has expired and no later than one hundred and twenty 
(120) days after the date of the filing of the request, the Commission 
shall determine whether the request complies with paragraph (b) of this 
section and whether the proceeding shall be reopened and the rule or 
order should be altered, modified, or set aside as requested. In doing 
so, the Commission may, in its discretion, issue an order reopening the 
proceeding and modifying the rule or order as requested, issue an order 
to show cause pursuant to Sec. 3.72, or take such other action as is 
appropriate: Provided, however, That any action under Sec. 3.72 or 
otherwise shall be concluded within the specified 120-day period.

(Sec. 6(g), 38 Stat. 721 (15 U.S.C. 46(g)); 80 Stat. 383, as amended, 81 
Stat. 54 (5 U.S.C. 552))

[45 FR 36344, May 29, 1980, as amended at 46 FR 26291, May 12, 1981; 47 
FR 33251, Aug. 2, 1982; 50 FR 53305, Dec. 31, 1985; 53 FR 40868, Oct. 
19, 1988; 65 FR 50637, Aug. 21, 2000]
