Delegation and Review of Action under Delegation; Non Hearing Matters, Delegation To Associate General Counsel, Rules, To Extend Time to Answer…

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SUBCHAPTER -E— ORGANIZATION REGULATIONS [Reg. OR-104, Arndt. 50] PART 385— DELEGATION AND REVIEW OF ACTION UNDER DELEGATION; NON­ HEARING MATTERS Delegation To Associate General Counsel, Rules, To Extend Time to Answer Peti­ tions for Rulemaking Correction In FR Doc. 76-34271, appearing on page 51033 in the issue of Friday, Novem­ ber 19, 1976, the bracket number in the heading should read as sét/forth above. Title 16— Commercial Practices CHAPTER I— FEDERAL TRADE COMMISSION SUBCHAPTER A— ORGANIZATION, PROCEDURES AND RULES OF PRACTICE PART 0— ORGANIZATION PART 5— STANDARDS OF CONDUCT -Organization; Standards of Conduct Pursuant to the provisions of the Ad­ ministrative Procedure Act, 5 U.S.C. 952 (a) (1) (A) , and in consideration of the recommendations of the Administrative Conference of the United States pub­ lished in the F ederal R egister on July 19, 1976, (41 FR 29653, 1 CFR 305.76-2)., for strengthening the information and notice-giving functions of the F ederal R egister, the Commission announces the following amendments to 16 CFR Chap­ ter I, effective December 14, 1976. The Standards of Conduct now appearing under Part 0 are being transferred to Part 5 and renumbered, and the organi­ zation of the Commission-is being codified under Part 0.

1. The Title of Subchapiter A of Chap­ ter I of 16 CFR is amended to read as set forth above;

2. Part 0 of 16 CFR is redesignated as Part 5 and renumbered as follows: Subpart A— General Provisions Old part num ber:

New p a rt num ber 0.735-1_________

3L1 0.735-2 ________

5.2 0.735-3 _________________ ____ _____ _ 5.3 0.735-4 _____ 1____ ______________ _ 5.4 0.735-5 _______ ______________ ___ ___ 6.5 0.735-6 _______

rS.6 0.735-7 __________ __________________ .5.7 0.735-8 — _________________ _____

6.8 Subpart B— Ethical and Other Conduct and Responsibilities of Employees 0.735-10 ________

5.10 0.735-11________ _____________ ____ _ .5.11 0.735-12 __________________ _________ 5. 12 0.735-13 ___________________

5.13 0.735-14 ____________________________ 5.14 0.735-15 ____

5.15 0.735-16 ________

5.16 0.735-17 ____________!_______________ 5.17 0.735-18 _________ 5.18 Subpart C— Ethical and 'Other Conduct and Responsibilities of Special Government "Em­ ployees 0.735-21 _______________________ 2___ _ 5.21 0.735-22 __________

5.22 0.735-23 ____________._____:_________ 5.23 0.735-24 _____

5.24 0.735-25 _____________ 5.25 0.735-26 ________;___________________5.26 Subpart D— Statements of Employment add Financial Interests 0.735-31 ______________ _____ _ 6. 31 0.785-32 __________ _________________ 5.82 0.735-33 ___ ________________________ 5. 33 0.735-84

____^_______________ 5. 84 0.735-35 ________-_____ ___________ L_ 5. 35 0.735-36 _____________:_________________*5. 36 0.735—&7 _________ ______ _________ _ 5. 37 0.735-38 _____________ ______________ 5. 38 0.735-39 __________

5.39 0.735-40 — _______

$.;40 0.735-41 ________

5.41 0.735-42 _________ I______ ________ 5. 42 Subpart E— Statutory Disqualification and Provision for Exemptions Thereto 0.735-61 _____ !____;_______________ 6.51 0.785-52 _______________________ !_ _ _ ) 6.52 3.

A new Part Ö is added to 16 CFR to read as follows;

Sec.

The Commission.

0.2 Official address.

0.3 Hours.

0.4 Laws administered.

0.5 Meetings.

0.6 Quorum.

0.7 Delegation of functions. 0.8 The Chairman.

0.9 Organization structure.

Ò.10 Office of the Executive Director. 0.11 Office of the General Counsel. 0.12 Office of the Secretary. 0.13 Office of Policy Planning and Evalua­ tion.

0.14 Office of Administrative Law Judges. 0.15 Bureau of Competition.

0.16 Bureau of Consumer Protection. 0.17 Bureau of Economics.

^ 0.18 The Regional Offices.

A uthority : Sec. 6(g)., 38 Stat. '721 <¡1*6 UB.C. 46); 80 Stat. 383, as -amended (5 DJ9.C. 552).

§0.1 The Commission.

The Federal Trade Commission is an independent administrative agency Which was organized in 1915 pursuant to the Federal Trade Commission Act Of 1914 (38 Stat. 717, as amended.; 15 U.3.C. 41-58. It is responsible for 1he adminis­ tration of a variety of 'statutes -.which, in general, are designed to promote compe­ tition and to protect the ptibHc from “un­ fair and deceptive acts and practices in the advertising and marketing of goods and services. It is composed of five mem­ bers appointed by the President and. con­ firmed by the Sepate for terms of seven years.

§ 0.2 Official address.

The principal office of the Commission is at Washington, D C. All communica­ tions to the Commission should be ad­ dressed to the Federal Trade Commis­ sion, Pennsylvania Avenue and Sixth Street, N.W., Washington, D.C. 20580, unless otherwise specifically directed. § 0.3 Hours.

Principal and field offices are open on each business day from 8:30 am, to "5 p.m.

§ 0.4 Laws administered.

The Commission exercises enforce­ ment and administrative authority un­ der the Federal Trade 'Commission Act ‘(38 Stat. 717, as amended CIS U.S.C. 41- 58)), the Clayton Act (38 Stat 730, as amended (15 U.S.C. 12-27)), the Export Trade Act (40 Stat. 516, as amended (f 5 U.S.C. 61-65)), the Packers and Stockyards Act (42 Stat. 159, as amended <7 U.S.C. 181-229)), the Wool Products La­ beling Act (54 Stat. 1128, as amended (15 U.S.C. 68- 68j )), the Trade Mark Act (60 Stat. 427, as amended (15 U.S.C. 1051-72) ), the Fur Products Labeling Act (65 Stat. 175, as amended (15 U.S.C. 69-69j)), the Textile Fiber Products Identification Aot <-72 .-Stat. 1717, as amended (15 U.S.C/ 70-70k)D , the Fed­ eral Cigarette Labeling and Advertising Act (79 Stat. 282, as amended (15 U.S.C. 1331-39)), the Fair Packaging and La­ beling Act (80 Stat. 1296, as amended (15 U.S.C. 1451-61)), the Truth -in Lending Act (82 Stat. 146, as amended (15 U.S.C.. 1601 et seq.)), the Fair Credit Reporting Act (84 Stat. 1128 (15 U.S.C. 1681 et seq.)), the Fair Uredit Billing Act (88 Stat. 1511; (15 U.S.C. 1666) ), the Equal Credit Opportunity Act (88 Stat. 1521, as amended (15 U.S.C. 1691)), Hobby Pro­ tection Act (87 Stat. 686 (15 U.S.C, 2101)), the Magnuson-Moss Warranty—. Federal Trade Commission Improvement Act (88 Stat. 2183 (15 U.S.C. 2301-12, 45- 58)), the Energy Policy and Conserva­ tion Act (89 Stat. 871 (42 U.S.C. 8291)1, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (90 Stat. 1388 (15 U.S.C. 1311)) , and other Federal statutes.

§0.5 Meetings.

(a) The Commission may meet and exercise all its powers at anyplace, and FEDERAL REGISTER, VOL. 41, NO. 241— TUESDAY, DECEMBER 14, 1976

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54484 RULES AND REGULATIONS may, by one or more of its members or by such representatives as, it may desig­ nate, prosecute any inquiry necessary to its duties in any part of the United States.

(b) Meetings of the Commission are held as ordered by the Commission and unless otherwise ordered, are held at the principal office of the Commission, Penn­ sylvania Avenue and Sixth Street, NW., Washington, D.C. Hearings before the Commission, except when the Commis­ sion is in executive session, are public, unless otherwise ordered. , § 0.6 Quorum.

A majority of the members of the Commission constitutes a quorum for the transaction of business.

§ 0.7 Delegation o f functions. The Commission, under the authority provided by Reorganization Plan No. 4 of 1961, may delegate, by published order or rule, certain of its functions to a divi­ sion of the Commission, an individual Commissioner, an administrative law judge, or an employee or employee board. § 0.8 The Giairman.

(a) The Chairman of the Commission is designated by the President, and, sub­ ject to the general policies of the Com­ mission, is the executive and administra­ tive head of the agency. He presides at meetings of and hearings before the Commission and participates with other Commissioners in all Commission deci­ sions. Attached to the Office of the Chairman, and reporting directly to him.' and through him to the Commission, is the following staff unit : (b) The Office of Public Information furnishes information concerning Com­ mission activities to news media and the public.

§ 0.9 Organization structure.

The Federal Trade Commission com­ prises the following principal units: - Office of the Executive Director. Office of the General Counsel. Office of the Secretary.

Office of Policy Planning and Evaluation. Office of Administrative Law Judges. Bureau of Competition.

Bureau of Consumer Protection. Bureau of Economics.

The Regional Offices.

§ 0.10 Office of the Executive Director. (a) The Executive Director, under the direction of the Chairman, is the chief operating official. He exercises executive and administrative supervision over all the offices, bureaus, and staff of the Com­ mission, and, in coordination with the Office of Policy Planning and Evaluation, resolves problems Concerning priorities in case handling. Immediately under his direction is the Assistant Executive Di­ rector for Management.

(b) The Assistant Executive Director for Management functions as staff ad­ viser to the Executive Director in all as­ pects of administrative management; provides administrative policy guidance to agency management and provides general supervision to the programs of management analysis and organization, personnel, budget and finance, data processing, and administrative service activities; initiates and deyelops longrange plans to assure that the Commis­ sion acquires and effectively utilizes the manpower, financial resources, physical facilities and management tools neces­ sary to accomplish its mission. § 0.11 Office o f the General Counsel. The General Counsel is the Commis­ sion’s chief law officer and adviser. He raiders necessary legal services to the Commission, represents the Commission in the Federal and State Courts, advises the Commission with respect to questions of law and policy, including advice with respect to ‘ legislative matters, assists businessmen in obtaining advice from the Commission as to the legal propriety of proposed courses of action in particu­ lar situations under the statutes which it administers, cooperates with and assists State and local officials in the efforts to eliminate local and national trade re­ straints, and coordinates all liaison ac­ tivities with Congress.

§ 0.12 Office of the Secretary.

The Secretary is responsible for the minutes of Commission meetings and is the legal custodian of the Commission’s seal, property, papers, and records, in­ cluding legal and public records. He, or in his absence an Acting Secretary desig­ nated by the Commission, signs Commis­ sion orders and official correspondence, and coordinates all liaison activities with the executive and administrative government departments and agencies. The office of the Secretary maintains a current index of opinions, orders, statements of policy and interpretations, staff manuals and instructions that af­ fect any member of the public, and other public records of the Commission; makes available for inspection and copying all public records of the Commission; is re­ sponsible for publication of all Commis­ sion action which must appear in the F ederal R egister and publication of the Federal Trade Commission Decisions and the Statutes and Court Decisions involv­ ing the Commission; maintains the Com­ mission’s procedures and rules of prac­ tice; and screens incoming correspond­ ence addressed to the Commission, pro­ vides acknowledgments and replies ta the extent appropriate and practicable, and routes correspondence requiring more specialized or detailed attention to the appropriate offices and bureaus for reply.

§ 0.13 Office o f Policy Planning and Evaluation.

This office is responsible for the de­ velopment of studies and reports with recommendations directly to the Com­ mission with respect to how and where its resources should be utilized in order to best serve the publie interest. This office works closely with the Office of the Executive Director and with the bureau directors in evaluating and coordinating the overall work of the Commission and in developing its budgetary require­ ments. Its functions include particularly the systematic review of Commission planning procèdüres, and of specific poli­ cies and programs, with emphasis on ini­ tiation and evaluation, so as to make informed recommendations with respect to each important area of Commission activity.

§ 0.14 Office o f Administrative I>aw Judges.

Administrative law judges are officials to whom the Commission, in accordance with law, delegates the initial perform­ ance of its adjudicative fact-finding functions to be exercised in conformity with Commission decisions and policy directives and with its rules of practice. Administrative law judges are appointed under the authority and subject to the prior approval of the Civil Service Com­ mission.

§ 0.15 Bureau of Competition.

This bureau is responsible for enforc­ ing federal antitrust and trade regula­ tion laws under section 5 of the Federal Trade Commission Act, the Clayton Act, and a number of other special statutes which the Commission is charged with enforcing. The bureau work aims to pre­ serve the free market system and assure the unfettered operatidn of the forces of supply and demand. Its activities seek to -ensure price competition, quality prod­ ucts and services and efficient operation of the national economy. The bureau carries out its responsibilities by inves­ tigating alleged law violations, and rec­ ommending to the Commission such fur­ ther action as may be appropriate. Such action may include injunctive relief in Federal District Court, complaint and litigation before the agency’s adminis­ trative law judges, formal nonadjudica­ tive settlement of complaints, trade reg­ ulation rules, or reports. H ie bureau also conducts compliance investigations and initiates proceedings for civil penalties to assure compliance with final Commis­ sion orders dealing with competition and trade restraint matters.

§ 0.16 Bureau of Consumer Protection. This bureau investigates potentially unfair or deceptive acts or practices un­ der section 5 of the Federal Trade Com­ mission Act as well as potential viola­ tions of numerous special statutes which the Commission is charged with enforc­ ing. It prosecutes before the agency’s administrative law judges alleged viola­ tions of law after issuance of a complaint by the Commission or obtains through negotiation consented-to orders, which must be accepted and issued by the Com­ mission. The bureau conducts ruemaking proceedings to define with specificity, in trade regulation rules issued by the Com­ mission, acts or practices which are vio­ lations of section 5. To that end, presid­ ing officers are designated with the re­ sponsibility for the orderly conduct of such rulemaking proceedings. It inves­ tigates compliance with final orders and trade regulation rules and seeks civil penalties or consumer redress for their FEDERAL REGISTER, VOL. 41, NO. 241— TUESDAY, DECEMBER 14, 1976

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RULES AND REGULATIONS 54485 violation. In addition, the bureau seeks to educate both consumers and the business community about the laws it enforces.

§ 0.17 Bureau of Economics.

This bureau aids and advises the Commission concerning the economic aspects of all of its functions, and is responsible for the preparation of vari­ ous economic reports and surveys. The bureau provides economic and statistical assistance to the enforcement bureaus in the investigation and trial of cases. It also carries on a continuing finan­ cial reporting program for the primary purposet)f supplying authoritative statis­ tics concerning the financial characteris­ tics of different group« of industries and of various classes of manufacturing corporations.

§ 0.18 The Regional Offices.

(a) These offices are investigatory arms of the Commission, and, with re­ spect to matters of a regional nature, have responsibility for investigational, trial, compliance, and consumer educa­ tional activities as delegated by the Com­ mission. Each regional office has general responsibility for its own activities and for the smaller offices, designated as field stations, located in its area of respon­ sibility. They are under the general su­ pervision of the Office of the Executive Director, and clear their activities through the appropriate operating bu­ reaus. - (b) The addresses of the respective regional offices, and of the field stations located in the area of each are as f ollows: (1) Atlanta Regional Office. Federal Trade Commission, Room 1000, Peachtree Street, N.W., Atlanta, GA 30309. (2) Boston Regional Office. Federal Trade Commission, Room 1301, 150 , Causeway Street, Boston, MA 02114. (3) Qhicago Regional Office. Federal Trade Commission, Suite 1437, 55 East Monroe Street, Chicago, IL 60603. (4) Cleveland Regional Office. Federal Trade Commission, Room 1339, Anthony J. Celebrezize Federal Office Building, 1240 East 9th Street, Cleveland, OH 44199. (5) Dallas Regional Office. Federal Trade Commission, Suite 2665, 2001 Bryan Street, Dallas, TX 75201.

(6) Denver Regional Office. Federal Trade Commission, Suite 2900, 1405 Curtis Street, Denver, CO 80202.

(7) ' Los Angeles Regional Office. Federal Trade Commission, Room 13209, Federal Building, 11000 Wilshire Boulevard, Los An­ geles, CA 90024.

(8) New - York Regional Office, Federal Trade Commission, 2243-EB, Federal Budd­ ing, 26 Federal Plaza, New York, N Y 10007. (9) San Francisco Regional Office. Federal Trade Commission, 450 Golden Gate Ave­ nue, Box 36005, San Francisco, CA 94102. Field Station: Federal Trade Commission, Room 6Q5, Melim Building, 333 Queen Street, Honolulu,. HI 98613.

(10) Seattle Regional Office. Federal Trade Commission, 28th Floor, Federal Building, 915 Second Avenue, Seattle, W A 98174. (11) Washington, D.C. Regional Office. Federal Trade Commission, 6th Floor, Gelman Building, 2120 L Street N.W., Wash­ ington, D.C. 20037.

(c) Each of the regional offices is su­ pervised by a Regional Director, who is available for conferences with attorneys, consumers, and other members of the public on matters relating to the Com­ mission’s activities.

(Sec. 6 (g), 38 Stat. 721 (15 U.S.C. 46); 80 Stat. 383, as amended (5 U.S.C. 552).) Because the amendments pertain to matters of agency organization and pro­ cedures, the relevant provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public partici­ pation, and delay in effective date are inapplicable.

By direction of the Commission dated December 7,1976.

Jam es A. T o b in , Acting Secretary.

[FR Doc.76-36558 Filed 12-13-76;8:45 am]