Rules of Practice for Adjudicative Proceedings, Delegation of Authority

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PART 2— NONADJUDICATIVE PROCEDURES PART 3— RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Delegation of Authority Pursuant to the provisions of the Ad­ ministrative Procedure Act, 5 U.S.C. 552 (a )(1 )(B ), 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 Federal Register, the Commission announces the following amendments to Parts 2 and 3 of 16 CFR Chapiter I, effective Decem­ ber 14, 1976. The amendments reflect delegations of authority by the Com­ mission.

Because the amendments pertain to matters of agency policy and procedures, the relevant provisions of the Adminis­ trative Procedure Act (5 U.S.C. 553) re­ quiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. 1* The title of Subpart A of Part 2 is amended to read as follows: Subpart A— Inquiries; Investigations; Compulsory Processes 2. Section 2.7(a) is amended by adding the following sentence :

§ 2.7 Subpoena in investigations. (a) * * * Specifically, the subpoena power con­ ferred by section 329 of the Energy Policy and Conservation Act (42 U.S.C. 6299) is included within this delegation. 3. Paragraph (a) of § 2.12 is amended to read as follows :

§ 2.12 Reports.

(a) The Commission may issue an order requiring a person, partnership, or corporation to file a report or answers in writing to specific questions relating to any matter under investigation, study or survey, or under any of the Commis^, sion’s reporting programs. 4. Paragraphs (b), (c) and (d) of § 2.12 are redesignated as paragraphs (d), (e) and (f) * and new paragraphs (b) and (c) are added to read as follows: (b) The Assistant Director for Finan­ cial Statistics, Bureau of Economics, pursuant to delegation of authority by the Commission, without power of re­ delegation, is authorized to issue, in the name of the Commission, all orders to file special reports in the form approved by the Commission and notices of default under the Commission’s quarterly finan­ cial reporting program.

(c) The Directors, Deputy Directors, and Assistant Directors of the Bureaus of Competition, Consumer Protection, and Economics, and the Regional Direc­ tors and Assistant Regional Directors of the Commission’s regional offices, pur­ suant to delegation of authority by the Commission, without power of redelega­ tion, are authorized,- for good cause shown, to extend the time prescribed for compliance with orders requiring reports or answers to questions issued during the investigation, study or survey of any matter or in connection with any of the Commission’s reporting programs. 5. Section 2.13 is revised to read as follows :

§ 2.13 Noncompliance with compulsory processes.

(a) In cases of failure to comply with Commission compulsory processes, ap­ propriate action may be intiated by the Commission or the Attorney General, in­ cluding actions for enforcement, forfeit­ ure, or penalties or criminal actions. (b) The General Counsel, pursuant to delegation of authority by the Commis­ sion, without power of redelegation, is authorized (1) To institute, on behalf of the Commission, an enforcement proceeding in connection with the failure or refusal of a person, partnership, or corporation to comply with, or to obey, a subpoena, if the return date or any extension thereof' has passed;

(2) To institute enforcement proceed­ ings on behalf of the Commission and to request on behalf of the Commission the institution of civil actions, as appro­ priate, in conjunction with the Commis­ sion’s quarterly financial reporting pro­ gram, if the return daté or any extension thereof has passed ;

(3) To approve and have prepared and issued, in the name of the Commis­ sion when deemed appropriate by the General Counsel, a notice of default in connection with the failure of a person, partnership, or corporation to timely file a report pursuant to section 6(b) of the Federal Trade Commission Act, if the return date or any extension thereof has passed ;

(4) To institute, on behalf of the Commission, an enforcement proceeding and to request, on behalf of the Com­ mission, the institution, when deemed appropriate by the General Counsel, of a civil action in connection with the failure of a person, partnership, or corporation to timely file a report pursuant to an FEDERAL REGISTER, VOL. 41, NO. 241— TUESDAY, DECEMBER 14, 1976

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54486 RULES AND REGULATIONS order under section 6(b) of the Federal Trade Commission Act, if the return date or any extension thereof has passed; and (5) To seek civil contempt in cases where a court order enforcing compul­ sory process has been violated. 6.

Section 3.52 is amended to prescribe procedures to initiate corrections in the transcript of oral arguments. New para­ graph (g) is added to § 3.52 to read as follows:

§ 3.52 Appeal from initial decisions. * * * * * (g) Corrections in transcript of oral argument.—The Commission will enter­ tain only joint motions of the parties re­ questing corrections in the transcript of oral argument, except that the Commis­ sion will receive a unilateral motion which recites that the parties have made a good faith effort to stipulate to the de­ sired corrections but have been unable to do so. If the parties agree in part and dis­ agree in part, they should file a joint motion incorporating the extent of their agreement, and, if desired, separate mo­ tions requesting those corrections to which they have been unable to agree. The Secretary, pursuant to delegation of authority by the Commission, is au­ thorized to prepare and issue in the name of the Commission a brief “Order Cor­ recting Transcript” whenever a joint mo­ tion to correct transcript is received. (Sec. 6 (g), 38 Stat. 721; (15 U.S.C. 46); 80 Stat. 383, as amended (5 U.S.C. 552).) By direction of the Commission dated December 7,1976.

* J a m e s A . T o b in , Acting Secretary.

(PR Doc.76-36559 Piled 12-13-76;8:45 am]