16 C.F.R. § 1.10

Advance notice of proposed rulemaking

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(a) Prior to the commencement of any trade regulation rule proceeding, the Commission must publish in the Federal Register an advance notice of such proposed proceeding.

(b) The advance notice must:

(1) Contain a brief description of the area of inquiry under consideration, the objectives which the Commission seeks to achieve, and possible regulatory alternatives under consideration by the Commission; and

(2) Invite the response of interested persons with respect to such proposed rulemaking, including any suggestions or alternative methods for achieving such objectives.

(c) The advance notice must be submitted to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives.

(d) The Commission may, in addition to publication of the advance notice, use such additional mechanisms as it considers useful to obtain suggestions regarding the content of the area of inquiry before publication of a notice of proposed rulemaking pursuant to § 1.11.

[86 FR 38547, July 22, 2021]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Nat'l Auto. Assoc v. FTC, 127 F.4th 549 (5th Cir. 2025).
Nat'l Auto. Assoc v. FTC, 127 F.4th 549 (5th Cir. 2025). · cites it 5× “” 16 C.F.R. § 1.10 (b)(1). Further, the notice must “[i]nvite the response of interested persons with respect to such proposed rulemaking, including any suggestions or alternative methods for achieving such objectives.”
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